RIVER VALLEY PROJECTS
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For
mini hydroelectric power generation projects of 50 MW or the culturable command
area is less than 1000 hectares clearance can be obtained from the State
Environment Impact Assessment Authority. All other river valley projects
requires clearance from the Ministry of Environment and Forests. For Irrigation
Projects which does not involve submergence or interstate domain shall be
apprised by State Environment Impact Assessment Authority.
For modernisation of irrigation projects no public hearing is required.
Kerala High Court has interfered with the clearance granted by
the MoEF in case of a power project for the reason that no public hearing was
conducted. Kerala High Court has held that since no clearance
was granted and amendment is made to the notification making it mandatory to
conduct public hearing, the public hearing must be conducted.
Thereafter a public hearing was conducted. But this time the
copy of the Environment Impact Assessment Report were not made available to the
public. The High Court again interfered and set aside the
order of clearance granted by the MoEF.
The Electricity Board then conducted a public hearing after making
available the copy of the EIA. But the said clearance was again challenged and
the litigations are still pending consideration of the Kerala High Court.
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© 2012 Environmental Law
Research and Guidance Foundation India (ELaw India) |