Few days back one of my friends gave me a telephone call, from Mundra sea coast in Gujarat. His question made me ponder for quite a long time.
In Mundra coastal region of Kutch, 300 megawatt thermal power plant has got environmental clearance. Obtrusively the geographical formation of this region is weak. Though the local fishermen community tried to protest against it but my friend told me that work has been started.
He asked me regarding the next hearing of the issue. I tried to make him understand but it becomes difficult in a situation where somebody is directly affected by a project. The institution in which the issues related to environmental clearance used to be filed ceases to exist. A new body has been constituted to hear this issue.
Imagine a situation, an industrial project gets approval near the place you reside that will have a negative impact on lifestyle and local environment. By dint of every possible information you reach Delhi, the hearing proceeds and suddenly you get to know that central government’s decision has smothered all your hopes and hard work.
I am talking about National Environment Appellate Authority (NEA), where
Environmental clearance on industrial and basic plans can be challenged.
However on 18th of October 2010 it came to an end. Indeed, National Green Tribunal was formed in its place which will hear cases of NEA . But its proper constitution is yet to take place. The infelicity lies in the fact that there is no time line yet.
Not only Gujarat, people in other parts of the country are quite apprehensive regarding the formation of NGT. According to proposed plan, the head office of NGT would be in New Delhi, there would be four regional offices in entire country. It will have power to hear cases of violation related to environmental laws. The environmental clearance of any project must go through Environment Inspect Assessment.
Many environmental and social institutions have criticised the formation of NGT.
Earlier there was a system that if any project gets environmental clearance in erroneous way , an appeal could be made in NGT but according to new system if government decides to take back the clearance the industrial institution can also appeal in NGT.
The other obstacle is, in case of violation of environmental laws one could appeal in High Court but after the formation of NGT, appeal could be made in New Delhi and other four regional offices in the country only.
Despite past terrible experiences, NGT gives a limited time frame for filing an appeal. The decision could be challenged within 30 days of its clearance.
We can’t deny the fact that we lack any apt alternative. In April 2010, NGT got clearance in both the houses of Parliament. My only question to environment ministry is the validity of such tribunal which is formed on the altar of other.
Who will give justice to the fishermen and those who are severely affected by weakness of the system?
