SC dismisses APW petition against NGT
The Supreme Court has dismissed a petition filed against the National Green Tribunal (NGT) against construction of the 2000 MW Subansiri (Lower) Hydroelectric Project.
A Division Bench of Justice Arun Misra and Justice Sanjeev Khanna on Monday observed that more than nine committees have already assessed the project, and thus it does not need any more assessment, as amounts to the tune of Rs 10 crore is lost every day the project work is stalled. The Supreme Court is not inclined to interfere in the matter and dismissed the appeal.
The Assam Public Works (APW) counsel apprised the apex court that the civil appeal had been filed because the NGT did not find any discrepancy in the constitution of the committee, which was constituted to review the project after the judgment of the Tribunal on October 16, 2017, as the members of the committee had already been involved in designing the project and had also given their opinion.
APW president Aabhijeet Sharma said that they had moved the Supreme Court on October 22 challenging the order passed by NGT. He said the Tribunal has dismissed his petition without giving any cogent reason with regard to the application pointing out grave errors in selecting the committee of experts to re-examine the technical aspects of the Lower Subansiri Hydro Electric Project, as directed by the Eastern Zone Bench of the Tribunal.
Sharma said they had reiterated that the committee appointed by the Ministry of Environment, Forest and Climate Change is already pre-decided and one of the members, ID Gupta has already been consulted by the Project Oversight Committee, thus amounting to fulfilling the criteria of being a judge in their own cause.
Sharma said that they had pleaded for an ex-parte ad interim order staying the impugned final judgment and order dated July 3, this year passed by the National Green Tribunal.
Source: The Assam Tribune