Md. Hayath Udin vs Union of India & Ors

This application seeks extension of time for further three months for compliance of order of this Tribunal dated 20.10.2020, in Appeal No. 20/2018, Md. Hayath Udin v. Union of India & Ors. The appeal was preferred against order dated 22.12.2017 of the Ministry of Environment, Forest and Climate Change (MoEF&CC) granting Environmental Clearance (EC) for Kaleshwaram Lift Irrigation Scheme (KLIS) project in Karimnagar District of Telangana by Irrigation & Command Area Development (I and CAD) Department, Government of Telangana. The same was dealt with vide order dated 20.10.2020 and inter-alia following direction was issued:

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Accordingly, we direct the MoEF&CC to constitute a sevenmember Expert Committee preferably out of EAC members with relevant sectorial expertise to go into the matter in light of observations hereinabove. It may assess the extent of damage caused in going ahead with the project without EC (from 2008 to 2017) and identify the restoration measures necessary. Relief and Rehabilitation measures adopted and required to be further adopted may also be looked into. In this regard, we also note that the EC was granted with reference to ToR based on Form-I submitted by the project proponent, without considering the changes which have taken place in the project subsequently. The Expert Committee may also examine effective implementation of EMP earlier submitted by the project proponent based on which EC was granted and compliance of EC conditions. The Expert Committee may be constituted within one month and it may complete its exercise within six months thereafter. The progress may be finally monitored by the Secretary, MoEF&CC. Any affected party will be at liberty to make representation to the MoEF&CC within three weeks putting forward suggestions and grievances, which may be taken into the account by Committee. The MoEF&CC may consider measures to prevent recurrence of such violations where EC is sought ex post facto. This is particularly required when the projects are multipurpose projects and part of it requires EC, so that such requirement is not defeated on specious plea that the project was partly not covered by the Schedule, as has happened in the present case. For this purpose, instead of confining consideration merely to Form-I, a mechanism is required to be evolved and followed whereby physical verification of material particulars can be undertaken, wherever necessary."

The application states that the MoEF&CC constituted sevenmember Committee in terms of above which has already held four meetings and also undertaken site visit. However, two of the members were affected by Corona due to which the task could not be accomplished within the specified time of six months.

Having regard to the averments in the application, extension sought is granted with the hope and expectation that the Committee will complete its task strictly in terms of the order of this Tribunal expeditiously.

The application is disposed of.