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RIVER VALLEY PROJECTS

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)
Last Update : 26 April 2012
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