Green nod to Jindal Steel & Power nixed

Mayank Aggarwal l New Delhi
Expressing dismay at the ‘farce’ public hearing conducted for Jindal Steel and Power’s (JSPL) coal mining project in Raigarh district of Chhattisgarh, the National Green Tribunal (NGT) Friday set aside the environmental clearance (EC) granted to the project by the Ministry of Environment and Forests (MoEF) in 2009.
It noted that MoEF is “at liberty to direct the appropriate authority to re-conduct a public hearing by taking all steps as required under the law”.
“After viewing the CD of the public hearing conducted, we are surprised to note to our dismay that the same was a farce. It was a mockery of the public hearing and the procedure required to be followed thereof. All the norms required in conducting a smooth and fair procedure was given a go by,” observed NGT’s principal bench of Justice C V Ramulu and Professor R Nagendran in the order.
“This is not a case where there are a few ignorable procedural lapses in conducting the public hearing. This is a case of a mockery of public hearing, which is one of the essential parts of the decision-making process, in the grant of EC. This is a classic example of violation of the rules and the principles of natural justice to its brim. Therefore, we consider it appropriate to declare that the public hearing conducted in this case is nullity in the eye of law and therefore is invalid,” the bench said.
MoEF had granted EC to JSPL’s 4 mtpa coal mining project and a pithead coal washery (4 mtpa) at Raigarh district of Chhattisgarh in 2009. However, NGOs Adivasi Kisan Mazdoor Kisan Ekta Sanghatan and Jan Chetna had appealed against the clearance.
The tribunal noted that “MoEF simply ignored the mandatory procedure under clause 8 of the EIA notification 2006 and granted the EC in favour of the project proponent”.