FORM – 1 Application for Environmental Clearance
For
India-based Neutrino Observatory project
By
Tata Institute of
Fundamental Research, Mumbai 400005
1
I. Basic Information
FORM 1
S.No. Item Details
1. Name of the project India-based Neutrino Observatory (INO)
2. S.No. in the Schedule 8a
3. Proposed capacity/ area/ length/ tonnage to be handled/command area
/lease area/number of wells to be drilled
Underground facility: 20,552 sq.m.
(laboratory caverns and tunnels)
Overground facility: 10762 sq.m.
(Utility Building, Administrative building, Surface
laboratory, Detector Assembly area, Guest House/Hostel
and housing up to 1+2 floors.
During construction about 52,000 tons of material
(mainly steel plates) and about 600,000 tons of tunnel
debris will be handled.
There is no command area, there is no drilling of wells.
There is no lease area. The plot is Poramboke land given
by the Tamil Nadu Govt.
4. New/Expansion/
Modernization
New
5. Existing capacity/ Area Not applicable as it is a new project
6. Category of Project i.e. ‘A’ or ‘B’
B as per GC
7. Does it attract the general conditions? If yes, please specify.
No [as per S.O. 3252(E) dated 22nd December 2014]. The
application was forwarded by TN SEIAA to MoEF at Delhi
due to its unique nature.
8. Does it attract the specific condition? If yes, please specify.
No
2
S.No. Item Details
9. Location
Plot/survey /Khasra No.
Survey No. 4/1
Village Pottipuram Panchayat
Tehsil Uthamapalayam Taluk
District Theni
State Tamil Nadu
10. Nearest railway station /
airport with distance in
km.
Bodi Naickanur – 20 km
Madurai - 110 km
11. Nearest Town, city,
District Headquarters
along with distance in
km
Bodi Naickanur – 20 km
Madurai - 110 km
Theni - 35 km
12. Village Panchayat, Zilla Parishad, Municipal Corporation, Local body (complete postal address with telephone nos. to be given)
Pottipuram village, Uthamapalayam Taluk, Theni District,
PIN code: 625530
Tel. 94546229498
13. Name of Applicant Prof. V.M. Datar, Project Director INO
14. Registered Address INO Cell,
Tata Institute of Fundamental Research,
1 Homi Bhabha Road, Mumbai-400005
15. Address for
correspondence : Name,
Designation, Address,
Pincode, E-mail; Telephone No., Fax No.
Prof. V.M. Datar
Project Director INO and Senior Professor INO Cell,
Tata Institute of Fundamental Research,
1 Homi Bhabha Road, Mumbai-400005
Email: [email protected]
Phone: 022-22782715; (Mob) 09969264397
FAX No.: 022-22804610 / 4611
3
S.No. Item Details
16. Details of Alternate Sites examined, if any. Location of these sites should be shown on a toposheet
The project was originally proposed in Singara, Nilgiris,
TN as recommended by the Site Selection Committee
constituted by the Dept. of Atomic Energy after the study
of 3 sites at the national level, based on detailed site
selection criteria. Consequent to conversion of the nearby
WLS to Tiger Sanctuary in 2008, clearance under the
Forest Conservation Act was not forthcoming for the
Singara site. The present site was chosen after evaluating 2
other sites in Suruliyar and Kottagudi, respectively, based
on minimal ecological disturbance.
17. Interlinked Project None
18. Whether separate application of interlinked project has been submitted?
N.A
19. If yes, date of submission
N.A.
20.
If no, reason
N.A.
21. Whether the proposal
involves approval/
clearance under : If yes,
details of
the same and their status to be given
a. Forest (Conservation)
Act, 1980
b. The Wildlife
(Protection) Act, 1972
c. The CRZ
Notification, 1991
MoEF approval-Stage 1 under Section ‘2’ Forest
Conservation Act given vide letter no. 4-TNC729/2010-
BAN/8111 dated 27/29 October 2010
Yes
No
22. Whether there is any
Government Order/
Policy relevant/ relating
to the site?
No
23. Forest land involved
(hectares)
4.62 ha (notional). No overground intrusion/ construction/
occupation of forest land. Caverns and tunnels be will be
deep underground.
4
S.No. Item D
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t
a
i
l
s
24. Whether there is any litigation pending against the project and /or land in which the project is propose to be set up?
a. Name of the Court
b. Case No.
c. Orders/directions of
the Court, if any and its relevance
with the proposed project
1.Yes, a PIL filed by Shri Vaiko in Feb
2015
(a) Madurai bench of the Madras High
Court
(b) W.P.(MD).No.733 of 2015
(c) Interim orders have been passed that
"restrains INO from commencement of any
research work without PCB clearance"
2. (a,b) Appeal No.6 of 2015 filed by Shri
G. Sundarrajan before NGT (SZ) at
Chennai.
(c) As per the orders passed by the NGT
(March 2017), the Environmental
Clearance given by the MoEF&CC, Govt
of India, has been held in abeyance and
INO has been asked to obtain clearance
from the National Board for Wild Life and
apply for fresh environmental clearance
with the MoEF&CC. (Both orders are
attached)
II. Activity
1. Construction, operation or decommissioning of the Project involving actions which will
cause physical changes in the locality (topography, land use, changes in water bodies,
etc.)
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
1.1 Permanent or temporary change
in land use, land cover or
topography including increase in
intensity of land use (with
respect to local land use plan)
Yes As INO is an underground project with
vertical and radial rock cover of more than
1000m, the surface land will not undergo
any change. However about 23ha of Govt.
Poramboke land in Pottipuram village,
Uthamapalayam Taluk, Theni District, will
be alienated by the project proponent and
used for the overground facilities of INO,
including roads, landscaping etc.
1.2 Clearance of existing
land, vegetation and buildings?
No The dry poramboke land, identified (Sr. No.
4/1) at Pottipuram village, does not have
any buildings or thick vegetation.
1.3 Creation of new land uses? Yes As in clause 1.1 above
1.4 Pre-construction investigation e.g.
bore houses, soil testing?
Yes Yes. Completed.
1.5 Construction works? Yes Total civil construction cost Rs. 300 cr.
including all services.
1.6 Demolition works? No
5
No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
1.7 Temporary sites used for construction works or housing of construction workers? Yes Temporary housing for construction workers will
be provided within the project premises. (26.82.5
ha in Survey No. 4/1). These will be demolished
on completion of construction.
1.8 Above ground buildings,
structure or earthwork
including linear structure,
cut & fill or excavation?
Yes About 10,762 sq.m.
1.9 Underground works
including
mining or tunneling?
Yes Underground laboratory caverns and tunnels
plinth area: 20,552 sq.m.
1.10 Reclamation works? No
1.11 Dredging? No
1.12 Offshore structure? No
1.13 Production and
manufacturing processes?
No
1.14 Facilities for storage of goods
materials?
No Temporary stockyard for construction material
(mainly steel plates and detectors), which will be
dismantled/reused after erection works, will be
provided. During operation phase only spares and
consumables for the laboratory will be stored. A
temporary muck yard will hold the tunnel/cavern
rock debris until disposal.
1.15 Facilities for treatment
or disposal of solid waste
or liquid effluents?
Yes Sewage effluent from 20 residential quarters+ 40
bed guest house cum hostel + Administrative
building cum surface lab will be treated before
disposal well away from the water sources.
1.16 Facilities for long term
housing of operational
workers?
Yes About 20 families will reside at project site for
the operation of INO. A 40 bed guest house cum
hostel will be provided for visiting scientists and
students.
1.17 New road, rail or sea traffic
during construction or
operation?
Yes About 1 km of internal roads will be built within
the INO site, about 2km of cart track will be
converted into a wide good road, about 7km of
existing village roads will be strengthened/
modified and a 1km new bypass road will be built
around Rasingapuram village, to avoid material
movement through the congested and narrow
village road.
1.18 New road, rail, air, water-
borne or other transport
infrastructure including new
or altered routes and stations,
ports, airports etc.?
No
6
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
1.19 Closure or diversion of existing
transport routes or infrastructure
leading to changes in traffic
movements?
No
1.20 New or diverted transmission
lines or pipelines?
Yes Waterline has been laid by TWAD Board
from Mullaperiyar river to project site to
meet INO water requirements (340KLD
when fully operational with 100,000ton
ICAL detectors). 110KV double circuit line
will be tapped from Periyar-Theni
transmission line.
1.21 Impoundment, damming,
culverting, realignment or other
changes to the hydrology or
watercourses or aquifers?
No
1.22 Stream crossings? Yes At entrance to INO site. 7.5m wide box
culvert is being built across the stream and
embankments strengthened.
1.23 Abstraction or transfers of water
from ground or surface waters?
Yes About 340KLD water required will be
pumped from Mullaperiyar river.
1.24 Changes in water bodies or the
land s u r fa c e affecting drainage
or run off?
No
1.25 Transport of personnel
or material for construction,
operation or decommissioning?
Yes Construction materials and equipment will be
transported by rail to the nearest rail head i.e.
Madurai, Kodai Road, Dindigul or Bodi (on
conversion to broad gauge) and by road from
there to project site.
52000 tons of equipment, mainly steel plates
for the ICAL detector, will be transported
towards the end of the construction phase. (A
second ICAL detector of similar size may be
installed in the future).
About 50 personnel from nearby
villages/towns will be working at the site
during the construction phase and about 20
personnel will work during the operations
phase.
1.26 Long term dismantling or
decommissioning or restoration works?
No
1.27 Ongoing activity during
decommissioning which could
have an impact on environment?
No
7
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
1.28 Influx of people to an area in either temporarily or
permanently?
Yes About 40 skilled labour, about 20 staff and
their families may come and stay during construction phase. Unskilled labour will be
drawn from local population. During operation phase about 20 families will
permanently reside at the INO project site.
1.29 Introduction of alien species? No
1.30 Loss of native species or genetic
diversity?
No
1.31 Any other actions? No
2 Use of Natural resources for construction or operation of the Project (such as land,
water, materials or energy, especially any resources which are non renewable or in short
supply):
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
2.1 Land especially undeveloped or
agricultural land (ha)
Yes About 26.82.5 ha of dry Poramboke land will
be used for the project.
2.2 Water (expected source &
competing users) unit: KLD
Yes Water requirement for 50,000 ton magnet is
180KLD, but pumping and storage is
designed to cater 100,000 ton magnet, which
is about 340KLD that may happen after 10
years of operation. Water will be drawn from
Mullaperiyar river using the facility installed
by TWAD Board.
2.3 Minerals (MT) No
2.4 Construction material – stone
aggregates, and/soil (expected
sources-MT)
Yes Excavated tunnel material will be used in
construction. Use of river sand will be
minimized by suitable concrete mix desired
using crusher sand from tunnel excavation.
Required river sand will be transported from
nearby licensed sand quarries by the
contractor(s).
2.5 Forest and timber
(source – MT)
No
8
3. Use, storage, transport, handling or production of substances or materials, which could
be harmful to human health or the environment or raise concerns about actual or
perceived risks to human health.
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
3.1 Use of substances or materials,
which are hazardous (as per
MSIHC rules) to human health or the environment (flora, fauna,
and water supplies)
No The RPC detector uses a gas mixture of about
95.5% Freon (R134a), 4.2% isobutene and
0.3% SF6. The total gas inventory for ICAL
detector is about 200 m3. The gas mixture will
be recycled using a closed loop gas system. If
required to be replaced the gas will be diluted
with fresh air before release into the
atmosphere. The gas mixture is not hazardous.
3.2 Changes in occurrence of
disease or affect disease vectors
(e.g. insects or water borne diseases)
No
3.3 Affect the welfare of people e.g.
by changing living conditions?
No
3.4 Vulnerable groups of people
who could be affected by the
project e.g. hospital patients,
children, the elderly etc.
No
3.5 Any other causes No
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
2.6 Energy including electricity and
fuels (source, competing users)
units: fuel (MT), energy (MW)
Yes 3 MW of power will be drawn through the
110 KV double circuit line tapped from the
Periyar-Theni transmission line. About 45
tons of fuel may be required during
construction phase. This will be obtained
from dealers in Theni District.
2.7 Any other natural resources
(use appropriate standard units)
No
9
4. Production of solid wastes during construction or operation or decommissioning
(MT/months)
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
4.1 Spoil, overburden or mine
wastes
Yes About 2.3 Lakh cu.m. of muck comprising
mainly of high quality granite boulders and
debris, will be generated during tunnelling.
About 10 % will be used for INO project works
(buildings, tunnel and cavern lining and road).
The balance will be moved out for construction
works elsewhere as soon as possible.
4.2 Municipal waste (domestic and
or commercial wastes)
No
4.3 Hazardous wastes (as per
Hazardous Waste Management
Rules)
No
4.4 Other industrial process wastes No
4.5 Surplus product No
4.6 Sewage sludge or other sludge
from effluent treatment
Yes Sewage sludge will be disposed once a year
through municipal disposal lorries.
4.7 Construction or demolition
wastes
Yes Tunnel muck and small quantities of other
waste will be stacked in the proposed muck-
yard till eventual disposal. The muck dump
will be protected by retaining walls from run
off/slippage. Wind screens will be provided
over the retaining walls to minimize dispersal
of rock dust by wind. Dust from blasting will
be controlled by connecting dust filters/
precipitators to the exhaust stream of forced
ventilation.
4.8 Redundant machinery or
equipment
No
4.9 Contaminated soil or other
materials
No
4.10 Agricultural wastes No
4.11 Other solid wastes No
10
5. Release or pollutants or any hazardous, toxic or noxious substance to air (Kg/hr)
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
5.1 Emissions from combustion of
fossil fuels from stationary or
mobile sources
Yes During civil construction phase, lasting for
about 4 years, emission from about 50
sources including earthmoving machinery,
material handling & transport vehicles and
light vehicles.
5.2 Emission from production
processes.
No
5.3 Emission from materials
handling including storage or
transport.
Yes During civil construction phase, lasting for
about 4 years, emission from about 50
sources including earthmoving machinery,
material handling & transport vehicles and light vehicles.
5.4
Emissions from construction
activities including plant and
equipment.
Yes During civil construction phase, lasting for
about 4 years, emission from about 50
sources including earthmoving machinery,
material handling & transport vehicles and
light vehicles.
5.5 Dust or odours from handling of
materials including construction
materials, sewage and waste
No There will be dust from blasting for under
ground tunnels/caverns. This will be
controlled by connecting dust filters or
precipitators to the exhaust stream of forced
ventilation. Dust impact from transportation
of tunnel muck to the dump yard, within 500
mtrs from tunnel entry portal, will be reduced
by water spraying, use of covered vehicles
and erection of wind screens around muck
dump.
No odour causing materials are used. Sewage
will be treated to avoid odour.
5.6 Emissions from incineration of
waste
Yes Negligible as the combustible waste
from residential quarters will be low.
5.7 Emissions from burning of waste
in open air (e.g. slash materials,
construction debris)
No
5.8 Emissions from any other
sources
No
11
6. Generation of Noise and Vibration and Emissions of Light and Heat :
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
6.1 From operation of equipment e.g.
engines, ventilation plant,
crushers
Yes AC chillers, Blowers, air compressor and 2
Nos. 500 KVA silent DG will be located in
the Utility building, just outside the tunnel
portal. Noise and vibration will be controlled.
No emission of light and heat.
6.2 From industrial or similar process No
6.3 From construction or demolition Yes In the initial phase, in the cut and cover
reach, there will be noise & vibration from
construction equipment. Thereafter, they will
be confined within the tunnel.
6.4 From blasting or piling Yes For the first 300m of tunnel, sand bags and
low intensity blast design will control the
noise and vibration. Beyond the initial 300m, no
significant noise/vibration are expected, as the
work area will be deep underground.
6.5 From construction or operational
traffic Yes It will be mostly confined within the project
site, at the tunnel portal, and may not have
much impact.
6.6 From lighting or cooling systems No The impact of the cooling equipment like
chiller , blower etc., which are housed in the
Utility Building will be reduced by proper
choice of systems and isolation. High
intensity light sources are not used. Only
normal building and area lighting.
6.7 From any other sources No
12
7. Risks of contamination of land or water from releases of pollutants into the
ground or into sewers, surface waters, coastal waters or the sea:
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
7.1 From handling, storage, use
or spillage of hazardous materials
No
7.2 From discharge of sewage or
other effluents to water or land
(expected mode and place of
discharge)
No
7.3 By deposition of pollutants emitted to air into the land or into
water
No
7.4 From any other sources No
7.5 Is there a risk of long term
buildup of pollutants in the
environment from these sources?
No
13
8. Risk of accidents during construction or operation of the Project, which could
affect human health or the environment
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate
quantities/rates, wherever possible) with
source of information data
8.1 From explosions, spillage, fires
etc from storage, handling use or
production or hazardous
substance
Yes Possible from explosion during blasting for
the construction of underground tunnels and
caverns. All safety and regulatory measures
will be ensured strictly during charging the
explosives, blasting and removal of muck.
8.2 From any other causes No
8.3 Could the project be affected by
natural disasters causing
environmental damage (e.g.
floods earthquakes, landslides,
cloudburst etc.?)
No Laboratory is underground, with more than
1000 m rock cover vertically and radially,
under very solid rock and hence are
structurally / seismically safe. All the over-
ground structures will be designed for
seismic forces appropriate to Seismic Zone 3,
although the site is located in zone 2.
14
9. Factors which should be considered (such as consequential development) which
could lead to environmental effects or the potential for cumulative impacts with
other existing or planned activities in the locality
S.No. Information/Checklist
Confirmation
Yes/No Details thereof (with approximate quantities/rates, wherever possible) with source of information data
9.1 Lead to development of
supporting, facilities, ancillary
development or development
stimulated by the project which
could have impact on the
environment e.g. • Supporting infrastructure (roads, power supply, waste or waste water treatment, etc.)
• Housing development
• Extractive industries
• Other
No About 1000m of new internal roads will be built within the INO site. About 2km of mud cart track, up to site, will be converted to 10m wide good road. About 7km of existing village roads will be strengthened/modified. A new bypass road (about 1 km) will be built at Rasingapuram village, to avoid material movement through the congested and narrow village road. INO with limited residential manpower is unlikely to induce collateral development with potential for adverse environmental impact
9.2 Lead to after-use of the site,
which could have an impact on
the environment
No The site will not be available for any other
activity.
9.3 Set a precedent for later
developments
No The India-based Neutrino Observatory (INO) will be unique of its kind in the country and will be among a few in the world for
Neutrino Physics research. Cannot be a precedent for future developments at the site.
9.4 Have cumulative effects due to
proximity to other existing or
planned projects with similar effects
No There are no projects planned or under
execution in the proximity of proposed INO
site at Pottipuram village.
III. Environmental Sensitivity
S.No Areas Name/
Identity
Aerial distance (Within 15 km.)
Proposed project location boundary
1. Areas protected under
international conventions, national or
local legislation for their ecological,
landscape, cultural or other related
value
No
2. Areas which are important or
sensitive for ecological reasons-
Wetlands, watercourses or other water
bodies, coastal zone, biospheres,
mountains, forests.
No Mathikettan Shola National Park in
Kerala about 5km distance from INO
site. However the INO caverns and
tunnels will be deep underground in the
Bodi West Hill RF and will not affect
the forest. mountain over-ground.
15
S.No Areas Name/
Identity
Aerial distance (Within 15 km.)
Proposed project location boundary
3. Areas used by protected important
or sensitive species of flora or fauna for
breeding, nesting foraging, resting, over
wintering, migration
No
4. Inland, coastal, marine or
underground waters
No
5. State, National boundaries Yes Kerala state boundary is more than
2km away from the INO tunnel portal.
As the caverns are over 1250m below
the ground there will not be any
impact on the boundary.
6. Routes or facilities used by the
public for access to recreation or
other tourists, pilgrim areas
No
7. Defence installation No
8. Densely populated or built-up area No
9. Areas occupied by sensitive man-
made land uses (hospitals, schools
places of worship, community
facilities)
No There is a small temple about 2km
away from the INO site. INO will not
disturb the temple in any way.
10. Areas containing important, high
quality or scarce resources
No
11. Areas already subjected to
pollution or environmental damage.
(those where existing legal
environmental standards are exceeded)
No
12. Area susceptible to natural hazard,
which could cause the project to present
environmental problems. (Earthquakes,
Subsidence, No landslides, erosion,
flooding or extreme or adverse
climatic conditions)
No
IV. Proposed Terms of Reference for EIA studies Not Applicable
a. Introduction
b. Project Description
- Site & Salient Features
- Land Requirement
- Process/Technology Details
c. Air and Noise Quality
a. Air and Noise Quality
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Appeal No.6 of 2015 (SZ)
In the matter of
G.Sundarrajan 106/2, First Floor, Kanaga Durga Complex Gangai Amman Koil Street, Vadapalani, Chennai 600026 ...... Appellant Vs. 1. Union of India, Rep. by the Secretary, Ministry of Environment, Forest and Climate Change, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi 110003 2. State of Tamil Nadu Rep. by the Secretary to Government, Department of Environment and Forests, Secretariat, Chennai 600009 3. The Member Secretary, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai 600032 4. The Member Secretary, State Level Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai 600015 5. The Institute of Mathematical Science Rep. by the Chairman, Governing Board (IMS) C.I.T. Campus, Taramani, Chennai 600113 Counsel appearing for the applicants M/s.M.Radhakrishnan, P.Sundararajan And M.Vetri Selvan Counsel appearing for the respondents Mr.M.R.Gokul Krishnan for R1 & R4 Mr.M.K.Subramanian, E.Manoharan And P.Velmani for R2 Mrs.H.Yasmeen Ali for R3 Mr.G.R.Swaminathan for R5
O R D E R Present Hon’ble Shri Justice Dr.P.Jyothimani, Judicial Member Hon’ble Shri P.S.Rao, Expert Member - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -
20th March, 2017 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The appeal is directed against the Environmental Clearance (EC) granted to the 5th
respondent – project proponent by MoEF & CC dated 1.6.2011 for the construction of
India-based Neutrino Observatory Project at Bodi West Hills, Pottipuram Village, Theni
District.
Eventhough various grounds are raised for the purpose of challenging the impugned
EC, during the course of arguments Mr. M. Radhakrishnan, learned counsel appearing
for the appellant has brought to the notice of this Tribunal that Mathikettan Shola National
Park in Idukki District, Kerala is situated within 4.9 Km from the site for which EC was
granted. As per the General Conditions attached to EIA Notification, 2006 in cases
where the project is located in whole or in part within 10 Km from the boundary of (i)
Protected Areas notified under the Wild Life (Protection) Act, 1972 (ii) Critically Polluted
Areas, as identified by the Central Pollution Control Board from time to time (iii) Eco
Sensitive Areas as notified under Sub Section (2) of Section 3 of the Environment
(Protection) Act, 1986 and (iv) Inter-State boundaries and International boundaries even
if the project or activity is covered under Category – B, such project or activity is directed
to be treated as Category – A. The 10 Km limit has been subsequently reduced to 5 Km
by an amendment dated 25th June, 2014 carried out to the EIA Notification, 2006. The
document produced before this Tribunal by Mr.Radhakrishnan also shows that the
distance is 4.9 Km and in such view of the matter, not only the project in question should
be treated as Category –A project but also clearance under the Wild Life (Protection) Act,
1972 is to be obtained from the National Board for Wild Life. Admittedly, such permission
has not been obtained on the facts of this case.
In view of the same, we are of the considered view that without going into any
other aspect which are raised in this appeal, the matter must be resolved so as to enable
the project proponent to make a fresh proposal in appropriate form under EIA
Notification, 2006 to enable the statutory authorities to consider such proposal in
accordance with law. This is with the consent of both the counsel appearing for the
appellant as well as the respondent – Mr. G..R. Swaminathan, Assistant Solicitor General
appearing for the project proponent.
Accordingly, the impugned EC is kept in abeyance so as to enable the 5th
respondent project proponent or any other legal person to make proper application in
Form – I or in any other manner known to law. If such application is made, it is for the
Regulatory Authority to consider the same on merits and in accordance with law as
expeditiously as possible. While keeping the impugned EC in abeyance, we make it
clear that the transfer of land already made in the name of the project proponent should
not be affected and the same will be subject to the final outcome or any order which may
be passed by the Regulatory Authority in the manner known to law. However, the status
quo which is in existence as on today, shall be maintained till final orders are passed by
the Regulatory Authority and the other issues raised in the appeal are left open.
With the above direction, the appeal stands disposed of. There shall be no order as
to cost.
Justice Dr.P.Jyothimani Judicial Member Shri P.S.Rao Expert Member
TCLP-Leachate studies on rock samples
Theni District-Details
Topo Sketch
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