Before the Hon'ble National Green Tribunal Southern
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BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI ORIGINAL APPLICATION No. 232 of 2020 (SZ) IN THE MATTER OF: A.K.S. Vijayan Applicant(s) Versus Union of India & Ors. Respondent(s) REPORT OF THE JOINT COMMITTEE CONSTITUTED IN THE O.A. NO. 232 OF 2020 IN THE MATTER OF A.K.S. VIJAYAN VERSUS UNION OF INDIA & OTHERS BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI. Place: Chennai Date:25/02/2021 Report of the Joint Committee constituted in the O.A. No. 232 of 2020(SZ) in the matter of A.K.S. Vijayan Vs Union of India & Ors. before the Hon’ble National Green Tribunal, (SZ), Chennai. 1. Introduction: In order to ascertain the nature of project and also whether environmental clearance (EC) and other clearances are required or not for the alleged violation said to have been committed by the Tamilnadu Government in carrying out the project activity for diversion of flood surplus water from the Mettur Dam to the Sarabanga River in Salem District by Lift Irrigation project i.e. (Mettur - Sarabanga Lift Irrigation project) referred therein the O.A. No. 232 of 2020(SZ) and also to specify the nature of violation and nature of damage caused and assess the environmental compensation, the Hon’ble National Green Tribunal, Southern Zone, Chennai vide Order dated 29.10.2020 appointed a Joint Committee comprising the members of (1) a senior Officer from Ministry of Environment Forest and Climate and Change (MoEF&CC), Regional Office, Chennai, (2) a Senior from the State Environmental Impact Assessment Authority (SEIAA), Tamilnadu and (3) The Superintending Engineer of Public Works Department (PWD), who is in-charge of that project with the direction to inspect the area in question and submit factual as well as action taken report, if there is any violation. In the above said Order Hon’ble NGT appointed Ministry of Environment Forest and Climate Change, Regional Office, Chennai as nodal agency for co-ordination and for providing all necessary logistics for this purpose. 2. Constitution of the Joint Committee: In compliance with the directions of the Hon’ble NGT, as a nodal agency Regional Office of MoEF&CC at Chennai vide O.M. No. EP/12.7/NGT(SZ)/068/2020/TN dated 28.12.2020 constituted a Joint Committee comprising the following members based on the Officers deputed / nominated from the Authorities concerned: (i). Er. A.Jayagopal, Superintending Engineer, WRD/PWD, Upper Cauvery Basin, Salem. (ii). Dr. R. Ilangovan, Member, SEAC-Tamilnadu. (iii). Dr. M.T. Karuppiah, Scientist – E, MoEF&CC, Regional Office, Chennai – (Nodal Officer for the Joint Committee). 3. Terms of reference (ToR) to the Joint Committee: The Terms of the Reference (ToR) to the Joint Committee referred therein the Order dated 29.10.2020 of Hon’ble NGT in the above matter inter-alia include the following: Page 1 of 12 (i). Whether the project requires prior environmental clearance (EC) before proceeding with the same?, and (ii). If there is any violation found, the committee is directed to specify the violations and nature of damage caused and assess the environmental compensation in accordance with law. 4. Background of the project: As Reported by the PWD, when the surplus from Mettur Reservoir or runoff in lower delta region on account of heavy rainfall or water flowing in River Cauvery between Mettur Reservoir and Grand Anicut flows into the sea without any beneficial use. It has been reported based on the hydrological data of Mettur Reservoir that there is surplus in a block of 5 years except for the continuous period from 1984-85 to 1988-89. Such surplus water goes as un-utilized to the sea and thus for the conjunctive use of such surplus water, Tamilnadu Government proposed to undertake Mettur - Sarabanga Lift Irrigation project in the area comprising of Edapadi, Sankari, Mettur and Omalur Taluks of Salem District. These districts are mainly dependent on rain water for meeting the water requirement for the purpose of agriculture, drinking and other requirements. Further, ground water table in this region has depleted alarmingly i.e. 300 m below ground level, which resulted in dug wells unusable. Hence, Tamilnadu Government proposed to utilize flood surplus water from Mettur Reservoir by pumping and linking with the Sarabanga river minor basin, to feed the existing 100 tanks and ponds and supply channels in Edapadi, Sankari, Mettur and Omalur Taluks of Salem District for irrigation facilities. These tanks are located in higher elevation than the Full Level of Mettur Reservoir. The possibilities of diverting the flood surplus water from Mettur Reservoir by way pumping to 100 tanks and ponds up to sarabanga River was analyzed and Detailed project Report (DPR) has been prepared vide G.O. Ms.No.9/PW(N1) Dept./ dated 13.01.2017. According to the DPR, the surplus water proposed to be utilized is 555 mcft and number of supply days is restricted to 30 days only. Reportedly, the total ayacut area benefitted through this proposed project is 4238 acres. The estimated cost of the project is 565 Crores. The above proposed Lift irrigation project comprising of the construction of Pumping station, Installation of pumps and motors, laying Pipelines below ground for Pumping Main, Feeder Main and new link canal excavation, desilting of existing Channels & Design of all Civil, Electrical, Mechanical and other ancillary components for entire scheme and also preparation of operation and maintenance manual and operation & maintenance for a minimum 2 years of pumping seasons. Page 2 of 12 Schematic map of Mettur - Sarabanga Lift Irrigation project with the demarcation of pumping stations, pipeline and link canal (source: DPR of PWD). 5. Meeting of the Joint Committee: In compliance with the Order dated 20.10.2020 of Hon’ble NGT in the above matter and in continuation to the Joint Committee Constitution vide O.M. dated 28.12.2020 of Regional Office of MoEF&CC at Chennai, the meeting of the Joint Committee was held on 09.02.2021 at Office of the Superintending Engineer, WRD/PWD, Upper Cauvery Basin, Salem. As a nodal agency, the meeting was coordinated by the MoEF&CC, Regional Office, Chennai. All the members of the Joint Committee were present in the said meeting. During the meeting, members of the Committee discussed the facts, issues and prayers in the above case and the Terms of the Reference (ToR) to the Joint Committee referred therein the Order dated 20.10.2020 of Hon’ble NGT. After the discussion, the members of the Joint Committee made site inspection of the project under question. Page 3 of 12 6. Present Status of the project: During the site visit the Committee observed that the project activity is in progress. As informed by the project authority, the project activity was commenced on 06/05/2020. Further, based on the site visit of the Committee and documents made available by the project authority, the members ascertained the status of the project activity as on 09/02/2021, which is furnished below in the table: Sl.No Name of the Total So far Percentage Probable Remarks Component Quantity Completed of the work date of in progress completion 1. Construction 3 Nos. - 50% 05.05.2022 Thippampatti of Pump main pumping houses and station slab other Amenity concrete laid, buildings, another two Roads. sub pumping stations Pier wall concrete is in progress counter fort retaining wall concrete work is in progress. 2. Supply of Pipes 2200 mm dia 11.35 Km 11.35Km 100% 05.05.2022 Supply of MS pipe Pipes have 1600 mm dia 17.30Km 17.30Km 100% 05.05.2022 been pipe completed. 1200 mm dia 4.65Km 4.65Km 100% 05.05.2022 pipe 3. Pipe line laying 2200 mm dia 11.35Km 10.526Km 93% 28.02.2021 Pipe laying pipe work is in 1600 mm dia 17.30Km 7.67Km 44% 28.02.2021 progress. As pipe informed after 1200 mm dia 4.65Km 3.35Km 72% 28.02.2021 completion of pipe land acquisition, part of the remaining pipe laying work will be completed. 4. Electrical 3 Nos. ---- 50% 28.02.2021 Work is in works progress. Photographs taken during the site inspection is placed as Annexure – I. 7. Status of Statutory requirements: (i). In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 Page 4 of 12 and in supersession of the notification number S.O. 60 (E) dated the 27th January, 1994, Government of India in the erstwhile Ministry of Environment and Forests vide number S.O.1533 (E), dated 14th September, 2006 had notified the Environment Impact Assessment (hereinafter referred to as EIA) Notification, 2006. According to the EIA Notification, 2006, it mandates construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government in accordance with the procedure specified therein the notification. (ii). The said EIA Notification, 2006 was subsequently amended from time to time. Accordingly, after following due procedure, Ministry of Environment, Forest & Climate Change vide S.O.3977(E) dated 14th August, 2018 made further amendments in the EIA Notification, 2006.