Introduction

The case of UMA MAHESHWAR DAHAGAMA v. UNION OF INDIA REP BY ITS SECRETARY MOEF & CC, adjudicated by the National Green Tribunal (NGT) Southern Zone in Chennai on May 27, 2021, serves as a landmark judgment in the realm of environmental law in India. This case revolves around the appellant's challenge against the Environmental Clearance (EC) granted to the National Thermal Power Corporation Limited (NTPC) for establishing a new coal-fired thermal power plant in Ramagundam village, Telangana. The central issues pertain to the adequacy of the Environmental Impact Assessment (EIA) conducted, compliance with prescribed Terms of Reference (ToR), and the necessity of cumulative impact assessments in areas with pre-existing industrial activities.

Summary of the Judgment

The appellant contested the EC granted to NTPC, arguing that the EIA was deficient in several aspects, including the lack of a comprehensive cumulative impact assessment, inadequate ambient air quality studies, and failure to establish a firm coal linkage. The NGT meticulously examined these contentions and concluded that the EC was compromised by procedural lapses and insufficient impact assessments. The Tribunal directed the Ministry of Environment and Forests (MoEF&CC) to suspend the existing ECs and mandate NTPC to conduct detailed studies encompassing cumulative impacts, radio-activity and heavy metal analysis of coal, and comprehensive ambient air quality modeling over a 15 km radius. This direction underscores the imperative of thorough environmental assessments, especially in industrial clusters, to safeguard ecological and public health.

Analysis

Precedents Cited

The judgment references several pivotal cases that have shaped environmental jurisprudence in India:

• T. Muruganandam & Ors v. Union of India & Ors (2012): Emphasized the necessity of conducting cumulative impact assessments, especially in ecologically sensitive and already industrialized areas.
• R. Namit Sharma v. Union of India (2013): Reinforced principles of sustainable development and the precautionary approach in environmental clearances.
• Ravi Yashwant Goel v. Collector (2004): Highlighted the importance of applying mind and due diligence in environmental assessments by quasi-judicial bodies.
• Samdha v. Union of India & Ors. (2014): Addressed the standards for permissible levels of nuclear radiation in industrial projects, underscoring the need for specific impact studies.

Legal Reasoning

The Tribunal's legal reasoning centered on the following key points:

• Compliance with Terms of Reference: The EIA studies must adhere strictly to the ToR issued by MoEF&CC. Deviations or omissions constitute procedural lapses.
• Cumulative Impact Assessments: In regions with multiple industrial activities, it is imperative to assess the combined environmental burden to ensure sustainable development.
• Scientific Rigor: Environmental assessments must be underpinned by robust scientific methodologies, including comprehensive data collection and analysis, to provide accurate predictions of environmental impacts.
• Precautionary Principle: In the absence of complete certainty regarding environmental impacts, precautionary measures must be adopted to prevent potential ecological and public health detriments.

Impact

This judgment has profound implications for future environmental clearances in India:

• Enhanced Scrutiny: Projects, especially in industrial clusters, will undergo more rigorous scrutiny regarding their cumulative environmental impacts.
• Mandatory Comprehensive Studies: Broad-based impact studies, including but not limited to air quality, water quality, and socio-economic factors, will become compulsory prerequisites for obtaining ECs.
• Accountability of Firms: Corporations will bear heightened accountability for the environmental ramifications of their projects, compelling them to invest in sustainable and eco-friendly technologies.
• Judicial Oversight: The NGT reaffirms its role as a vigilant judicial body overseeing environmental governance, ensuring that developmental imperatives do not trample ecological sanctity.

Complex Concepts Simplified

Cumulative Impact Assessment (CIA)

CIA involves evaluating the combined effects of multiple projects or activities in a particular area over time. Unlike individual assessments, CIA considers how various factors interact and compound, potentially leading to greater environmental degradation than any single project might cause in isolation.

Zero Liquid Discharge (ZLD)

ZLD is a water treatment process where all wastewater generated by an industrial process is purified and recycled, leaving no discharge of liquid waste to the environment. This technology minimizes water pollution and conserves water resources.

Flue Gas Desulfurization (FGD)

FGD is an emission control technology used to remove sulfur dioxide (SO₂) from exhaust flue gases of fossil-fuel power plants. This process helps in reducing acid rain and improving air quality.

Conclusion

The UMA MAHESHWAR DAHAGAMA v. Union of India case underscores the judiciary's commitment to upholding environmental integrity amidst industrial expansion. By mandating comprehensive cumulative impact assessments and ensuring adherence to prescribed environmental safeguards, the NGT has reinforced the principle that economic development must not come at the expense of ecological and public health. This judgment serves as a critical reminder to policymakers and industry stakeholders alike about the paramount importance of meticulous environmental stewardship and the indispensable role of robust legal frameworks in achieving sustainable development.