Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Corrigendum to the Environment Clearance (EC) Expert Appraisal Committee Corrigendum quashed by NGT Environment Clearance Environmental Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Environmental Law – Appellant was granted the Environment Clearance (EC) in accordance with the recommendations of the Expert Appraisal Committee (EAC) under EIA Notification, 2006 – NGT upheld the validity of the EC but directed the MoEF to review the EC based on the cumulative impact assessment study and stipulate any additional conditions, if required – MoEF based on the recommendations of the EAC, issued a corrigendum to the EC imposing additional conditions to the EC – Corrigendum quashed by NGT – On appeal, held: Pursuant to the interim order passed by Supreme Court, the appellant has commenced two power plants in Phase-I, which are in operation since 2015 – Appellant is operating two units of 600MW since September, 2015 and April, 2016, which presently supply power to approximately 40 lakhs households – Power plants are situated in an energy deficit State (Tamil Nadu) – Thus, closing the power plants would adversely affect power sector of the State and which shall not be in the larger public interest – Appellant permitted to continue with the power plants subject to compliance of all the conditions mentioned in the EC as well as additional conditions imposed vide corrigendum to the EC – Also to fully comply with the conditions which are partly complied with, within the stipulated time – Present order not to be cited as a precedent. Environmental Law – Corrigendum to the Environment Clearance (EC) along with additional conditions, appeal there against if maintainable before NGT – Held: An aggrieved person may always challenge the corrigendum to the EC, however, the appeal will be restricted to the corrigendum to the EC on additional conditions only, if the original EC is not under challenge and/or the original EC has been confirmed by the NGT earlier on certain conditions which have not been challenged. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 136 |
Petitioner | M/s Il&fs Tamil Nadu Power Company Limited |
Respondent | T. Muruganandam & Others |
SCR | [2023] 3 S.C.R. 194 |
Judgement Date | 2023-02-17 |
Case Number | 1811 |
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