HC notices over Koradi plant public hearing

Ashish Roy (Lokmat News Network Nagpur)

The Nagpur Bench of Bombay High Court has taken cognizance of irregularities in the environmental public hearing conducted for expansion of Koradi power plant and issued notices to Mahagenco and Maharashtra Pollution Control Board (MPCB). A division bench of justices Atul Chandurkar and Vrushali Joshi asked the two organizations and seven other respondents to file replies within four weeks. The public interest litigation (PIL) has been filed by NGO Vidarbha Connect through its secretary Dinesh Naidu, retired BARC scientist Dr Sharad Pawar and retired MSEDCL director Anil Palamwar. The public hearing was held on May 29.

The HC issued notices in respect of prayer clause 1 and 4 of the PIL, which sought fresh public hearing and directions to MPCB to initiate action against officials of Mahagenco on failure to control pollution from Koradi Power Plant. 
 
The PIL had come up for hearing last Wednesday. Mahagenco had opposed the petition claiming that it was a National Green Tribunal (NGT) matter. Petitioner’s counsel Dr Tushar Mandlekar assisted by Adv Tejas Fadnavis, however, pointed out that HC had intervened in environmental public hearings in the past. The court then adjourned the matter for September 20. On Wednesday morning, the HC after hearing both parties admitted the matter and issued notices to the respondents.

Mahagenco has proposed expansion of 2400 MW Koradi power plant by adding two more units of 660 MW to be located in the premises of existing thermal power station in close vicinity of Nagpur city. It wants to close down six units having a total capacity of 1250 MW located in Parli, Koradi, Chandrapur and Bhusawal and set up new ones at Koradi.

Despite objections from several organizations and individuals including union minister Nitin Gadkari, the public hearing was held during the 'nautapa' period, when the ambient temperature was very high. Adv Mandlekar told the court that the hearing on May 29 was held under a pandal erected on open road of Koradi power plant project office premises under heavy police protection. A large number of people were exposed to heat wave and sunstroke during nautapa.
He contended that the procedures prescribed by environmental laws were not followed.

Mahagenco and MPCB also failed to widely publicise the public hearing notice keeping the residents within 10 kilometres radius and large population of Nagpur metro region, in dark. Some participants who could attend the hearing and wanted to oppose the expansion were hooted out and prevented from speaking.

The court was also informed about the concerns of people regarding existing units being "highly polluting" affecting the health of citizens. Pollution control measures like flue gas desulfurizer (FGD) not being installed in spite of specific conditions laid down in the Environmental Clearance certificate granted in 2010 by the Ministry of Environment and Forest (MOEF). There are issues of radioactive fly ash, frequent breach of ash ponds and ash water pollution of Kanhan river which supplies water to Nagpur city. It was also stated that Vidarbha region has most of the coal based power plants in Maharashtra generating about 17,000 MW whereas the demand of the region was a mere 1800 MW and the balance power was exported to the rest of Maharashtra.

The court found merit in prayer clauses 1 and 4 seeking fresh public hearing and directions to MPCB to initiate action against officials of Mahagenco on failure to control pollution from Koradi power plant and issued the said notices. The respondents include among others, Secretary, Ministry of Environment Forest and Climate Change, New Delhi, Union Ministry of Power, Member Secretary, MPCB, CMD, Mahagenco, District Collector and the Municipal Commissioner.