Ken-Betwa project challenged in NGT

The National Green Tribunal has admitted an appeal challenging the environmental clearance given to the first phase of the Ken-Betwa linking project. The appeal filed by lawyers, Ritwick Dutta, Rahul Choudhary and Meera Gopal, requests the tribunal to check whether the project has been approved after a detailed study. In the appeal, the lawyers stated that they were concerned about the manner in which the project was hastily approved without considering the sensitive nature of the eco-system around.

While admitting the appeal, the principal bench of the tribunal refused to stay work on the project, but added that “none of the parties would be permitted to claim any equity for the work done during the pendency of this application”. The bench comprising Justice Swatanter Kumar, Justice Jawad Rahim and Bikram Singh Sajwan has asked the Union Ministry of Environment and Forests, Union Ministry of Water Resources, Governments of Madhya Pradesh and Uttar Pradesh (the respondents) to file responses within two weeks and the matter will be heard on November 27.

“According to the NGT statutes, we have a right to appeal against any environmental project within 60 days. The authorities haven’t understood the sensitive nature of the project. If it comes into being, 100 sq. kms of the Panna tiger reserve will be submerged. Moreover, the linking project was envisaged on the premise that it would provide water to the drought-prone areas of Bundelkhand. But, the project will not provide water to those in the region,” said Dutta, of the Legal Initiative for Forest and Environment.

Under the provisions of the Environmental Impact Assessment notification, there has to be public hearings in the areas that are likely to be affected. “But, that hasn’t been done. There hasn’t been any consultations in Uttar Pradesh and in Madhya Pradesh, hearings have been organised only in a few areas, not all. Fundamentally, there are many discrepancies in the clearances given to the project,” points out Dutta.

“The National Board for Wildlife, while granting the clearance has stated that the project should not locate the power house within the forest area, however, in this environmental clearance given, the power house is in the forest area. There are plenty of deviations and inconsistencies in the clearances given. An environmental impact study on the Ghariyal Santuary near Ken has not been undertaken yet. How has this project been approved then?” questioned Dutta.

The Environment Clearance letter for the Ken Betwa project was issued on August 25, 2017, by the MoEF, but the ministry made it public only on September 11. Environmentalist Himanshu Thakkar appealed against the clearance on October 11, 2017, and it came up for hearing on October 27. The petition by lawyers, Ritwick Dutta, Rahul Choudhary and Meera Gopal, was added to this appeal.