Sanjeev Dutta and Others vs National Thermal Power Corporation Ltd. and Others

Heard learned counsel for the parties on I.A. No. 4244/2001.

The petitioners have filed this petition styling as P.I.L. on the ground that the National Thermal Power Project at Seepat is being established on huge investment i.e. about 6,000 crores and certain forest trees are being felled which may affect the environment and forest conservation. The respondents on the other hand challenged this and contended that the Project is being established in the larger public interest. The respondents contended that larger public interest requires that the super thermal power project should be allowed to be established.

This Court had passed an order on 27.2.2001 and directed that there shall be no fresh felling of trees within the area either by respondents 1 and 2 or with their help or assistance by any third party. On that date, it was submitted that in accordance with the terms and conditions of the sanction/orders, the respondents no. 1 and 2 have deposited a sum of Rs. 65 lacs with the State Government for development of the forest and work for developing the green belt was in progress.

The learned counsel for the respondents and learned Advocate General submitted that permission has been granted by the Central Government after considering the pros and cons. It is submitted that because of the interim order, work is suffering and the Project even is hampering.

The matter came up for hearing on modification of the order dated 27.2.2001 on 25.9.2001 and counsel for the parties and specially the learned Advocate General was requested to address the Court on the question of environmental protection and sustainable development. On that date, details of trees which are likely to be felled was also directed to be submitted to the Conservator of Forest and the Conservator of Forest was directed to submit the report keeping in view of the doctrine of environmental protection and sustainable development. The conservator submitted his report on 2.10.2001 to the Advocate General who has placed the same before this Court. Paragraphs 2, 3, 4 & 5 of the report are reproduced below :

2..... These trees are standing in the area where the structures are proposed to be erected/constructed by NTPC. Rest of 484 trees standing in the area where there is no construction activity going to take place have been left out from felling proposal. It is clear that only those trees which are standing in the area, where construction is to be carried out, have been proposed to be cut, not all the trees standing in the area.

With regard to Environmental Protection and Sustainable Development Preamble of the National Conservation Strategy and Policy Statement on Environment and Development (NCSPSED) says, "The survival and well being of a nation depend on sustainable development It is a process of Social and Economic betterment that satisfied the needs and value of all interest group without foreclosing future option. To the end, we must ensure that demands on the environment capacity for the present and future generations.

Hindu survey of Environment 1992 says "The concept of growth at all costs, which governed developmental policies around the world until the Eighties, is being replaced in the Ninetees with the idea of sustainable development. This is the consequence of growing evidence of the heavy price we have to pay for unsustainable consumption patterns, particularly of the richer countries.

The United Nations General Assembly during "Earth sumit 1992" in Rio de Janeiro, Brazil made it clear that the linkages between Development and Environment must be tackled through a fresh International consensus on global issues and in particular the revitalization of development in developing countries on an environmentally sound basis.

In this particular case the NTPC is a company, which is fully owned and controlled by the Government of India and indulged in generating Thermal Power. The Generating capacity of the proposed Sipat, Plant is 2640 MW. The establishment of the power plant is not only going to reduce the severity of power crises which is prevailing in the country but it will also open a new avenue for the social and economic upliftment of the people of this area. The environmental impact assessment study of the project has already been done, before giving Environmental clearance by Government of India. It is true that any developmental activity pollutes the environment but due care should be taken to minimize the environmental losses and the losses should be compensated by taking suitable measures.

NTPC, Sipat has made proposal for cutting of 256 trees out of 740 trees standing in the area of proposed construction site. Most of these trees are fruit bearing species like Mango, Mahua, Neem, Pipal etc., having attained their maximum girth and height. Cutting of these trees will not only reduce the bio-mass production but would also affect many bird species as their habitat would be destroyed by cutting of trees. Since 256 trees out of 740 trees are proposed to be cut the birds can find their alternative shelter. With regard to reduction in the bio-mass due to felling of trees, it is necessary to compensate the losses by planting more trees in and around the area. As submitted by NTPC, Sipat, there are more than 1,00,000 trees already planted by them in order to create green belt around the projectsite, and 14,00,000 more trees are also proposed to be planted in the coming years. This would compensate the losses due to proposed felling of trees. However fruit bearing trees like Mango, Pipal, Bel, Mahua etc., should also be planted near to the site to suport the life system of many bird species being affected by the project. Goal of sustainable development could be achieved by this way, without causing many harms to the environment."

Having heard learned counsel for the parties and as pointed by the learned counsel for the parties it appears that the Project is for the benefit and development of the nation. The entire Cabinet has considered the matter. Taking into consideration the larger public interest, all the relevant facts and circumstances and the report submitted by the Conservator of Forest and also the statement made by the counsel for the parties, permission is granted to fell the trees subject to the condition that Rs. 65,00,000/- more shall be deposited within a month from today and needful shall be done. The Conservator of Forest shall depute Divisional Officer or such other officer of the Forest Department who shall visit the spot and felling shall be done. All efforts should be made to compensate the loss due to the proposed felling of the trees. Environmental protection and sustainable development will be tried to be achieved without causing harm to the environment.

Union as well as State shall see that the orders passed by this Court are punctually observed.