Shapoorji’s power project: Green Tribunal refuses to interfere

The National Green Tribunal has refused to interfere with environmental clearance procedure for Shapoorji Pallonji and Company Ltd's (SPCL) thermal power plant and its greenfield port in Junagadh district of Gujarat,saying any decision by it would be "premature".

The National Green Tribunal has refused to interfere with environmental clearance procedure for Shapoorji Pallonji and Company Ltd’s (SPCL) thermal power plant and its greenfield port in Junagadh district of Gujarat,saying any decision by it would be “premature”.

Hearing petitions seeking a direction to Ministry of Environment and Forest (MoEF) to reject the applications of SPCL,the Tribunal said interfering into the issue “at this stage” would amount to “pre-judging” the matter as the pleas by SPCL for environmental clearances for its 2×660 MW coal-based thermal power plant and the port are still pending before the MoEF.

However,it said the all the allegation made by the applicants can be considered by competent authorities before grant of clearances. It also directed the Expert Appraisal Committee and the MoEF to consider the objections,if raised,by the petitioners before granting environmental clearance.

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“As applications filed by SPCL for granting environmental clearance for the projects are still under consideration,we feel any interference by us at this stage,in the midst of decision making process would amount to pre-judging the issues.

“Therefore,we refrain from entering into the arena of controversy as the same,according to us,would be premature,” a bench of Tribunal headed by its Acting Chairperson A S Naidu said.

The Tribunal passed the orders on pleas filed by two Junagarh native who sought a direction to MoEF to reject the applications of SPCL alleging the company has as concealed and misrepresented relevant facts.

It said as environmental clearance has not been accorded to any of the projects and “it is not known whether the same will be granted or not,thus,as on date there is no apprehension or likelihood of any damage being caused to the environment.

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“That apart,applicants are not left remediless. In the event environmental clearance is granted by the competent authority the said decision can be assailed in appeal,” the bench said.

The petitioners had told the tribunal that the port has been proposed to be set up to import coal from Indonesia and the said coal is proposed to be transported by a conveyor belt to be used in the thermal power plant.

The petitioner contended the port “is to be construed as a captive port for the thermal power plant”.

This was,however,opposed by the SPCL saying the said “two projects are not composite to one another. On the other hand they are separate and independent projects”.

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The application for environmental clearance for the thermal power plant,developed by a group company of SPCL,was submitted on February 1,2010 and a public hearing was conducted on June 15,2011. The matter is now pending before the MoEF for taking the decision on the same.