Independent expert panel formed in Lakhwar Multipurpose Project appeal

New Delhi India January 22, 2021 ANI The National Green Tribunal NGT has formed an independent expert committee consisting of multi-disciplinary authorities in an appeal against Environmental Clearance EC granted by the Ministry of Environment, Forest Climate Change MoEF&CC in an order on February 2, 2021 for Lakhwar Multipurpose Project 300 MW in Tehri Garwal and Dehradun by M s UJVN Ltd on Yamuna River in Uttrakhand.

According to an order passed on January 20, the bench headed by NGT Chief will be called an independent expert committee consisting of multi-disciplinary authorities, including Director Cold Water Fisheries Nainital Geological Survey of India GSI IIT Roorkee, Ministry of Social Justice and Empowerment, Wildlife Institute of India Dehradun Institute of Seismological Research Gandhinagar The Secretary, Department of Energy, Government of Uttrakhand, will serve as the member of the Committee for coordination and compliance.

The Committee has been constituted with regard to domain expertise to deal with issues of seismology, protection of fisheries, flora and fauna, biodiversity, catchment area treatment and other environmental issues including muck dumping and social issues arising out of submergence.

The domain experts will look into their respective fields to be collated collectively by the Committee.

While constituting the committee, the bench said that we are not of the view that having regard to the Tribunal's mandate to conduct merit review, despite merit in the case of the appellant, looking at the procedural aspects and credentials of the Chairman and Members of the EAC may not be helpful to the cause of environment. A comprehensive view of the substance of the matter may be in the larger public interest. The bench said that the opinion of domain experts could be used to make a informed decision on the viability of the project and conditions subject to which the same can be allowed, apart from conditions already laid down.

The Committee may record its observations about the viability of the project, with the possibility of the adverse impact on the environment, flora and fauna and other conditions that may be laid down, including the mechanism for monitoring during the setting up and execution of the project, and also for resettlement and rehabilitation of inhabitants who may be displaced, said the bench.

The Committee may complete its proceedings within four months and file its report before the Tribunal on or before June 30, 2022, it added.

The appellant, Manoj Mishra, through Advocate Ritwick Dutta, stated that the drinking water irrigation part of the project has not been appraised and the EAC went beyond its mandate while conducting its meeting to grant the Environmental Clearance to the project.

The EIA report prepared for the project is highly flawed and does not take into account the impact of clearing a forest land of 768.15 ha.

The lawyer said that the disaster management plan is highly faulty, as it does not take into account the location of the project with respect to seismic activity. The muck disposal sites are close to the river.

The cumulative impact assessment for the Yamuna River basin is not available in the public domain. The project has adversely impacted the flow of water in the Yamuna River.

The appellant also questioned the credentials of the Chairman and members of the EAC and submitted that the project is not viable due to the adverse impact on flora and fauna and also having regard to the location of the project. The appeal said that the safeguards incorporated are not adequate.