Environment protection act, appeal u/s 16 of ngt act against ec granted
Jaigopal Soni
(Querist) 27 April 2016
This query is : Resolved
I want to challenge an Extension of Validity granted to Environment Clearance for 2x500 MW Marwa Tendubhata Thermal Power Project on the ground of suppression of material fact, in adequacy of EIA studies, submission of false facts about area of land used, number of person displaced, non submission of topographical map and exact khasra numbers acquired by project proponent deliberately and specially on the ground that R&R benefits as promised during public hearing on the basis of which earlier EC was granted is not given even after passing 5 years. Project proponent has also not submitted any application for extension of validity of EC before expiry of it in prescribed format along with updated Form-I and status of compliance of earlier EC. but section officer accepted the application for extension validity of EC without receiving updated Form-I even after my objection and placed it before EAC bypassing the rules made under EIA notification and E.P.Act.
All the ground has already been put before Expert Appraisal Committee which has been not addressed and project was recommended for EC to regulatory authority. Regulatory Authority was also requested not to accept recommendation and return it to EAC for further clarification in the issues raised but regulatory authority granted extension to validity of EC expired even without receiving updated Form-I before expiry of it.
I want to appeal in National Green Tribunal Bench Sitting At Bhopal through speed post under section 16 of NGT Act. Need drafting services urgently.
Dr J C Vashista
(Expert) 28 April 2016
Yes, you should file an appeal before the NGT Bhopal as soon as possible through a local lawyer at Bhopal.
Rajendra K Goyal
(Expert) 28 April 2016
Discuss with lawyer at Bhopal expert in handling NGT cases.
T. Kalaiselvan, Advocate
(Expert) 02 May 2016
You can personally discuss with a lawyer in Bhopal who is experienced with such cases for all such further issues.
Jaigopal Soni
(Querist) 03 May 2016
Thank you experts for your guidance and suggestion. I have consulted with local lawyer.