HC takes notice of irregularities in environmental public hearing for Koradi power plant expansion

Staff Reporter

The division bench of Justice Atul Chandurkar and Justice Vrushali Joshi at the Nagpur Bench of Bombay High Court has taken a significant step in addressing concerns over the Environmental Public Hearing held by the Maharashtra Pollution Control Board (MPCB) on May 29, 2023, on the issue of expansion of the 2x660 MW Koradi power plant. In a public interest litigation (PIL) filed by Vidarbha Connect, an NGO represented by Dinesh Naidu, Dr Sharad Pawar, a renowned scientist, and Palamwar, a retired Director from MSEDCL, irregularities in the public hearing process have come under scrutiny. The expansion project by MahaGenco involves adding two 660 MW units to the existing 2,400 MW Koradi power plant near Nagpur city. In response to the PIL, the High Court has issued notices related to Prayer Clauses 1 and 4. These clauses seek a fresh public hearing and directions to the MPCB to take action against MahaGenco officials for failing to control pollution from the Koradi power plant.

Allegations that the procedure prescribed by the Union of India for Environmental Public Hearings, as per the Environmental Impact Assessment Notification of September 14, 2006, was not followed. The PIL also highlighted failure to widely publicise the Public Hearing Notice which prevented residents within a 10-kilometer radius and a large population in the Nagpur Metro region from participating. It also submitted that participants opposed to the expansion being silenced during the hearing. The PIL also raised concerns over the pollution generated by the existing Koradi units and the lack of pollution control measures like Flue Gas Desulphurisers (FGDs) for sulfur dioxide, despite specific conditions in the Environmental Clearance granted in 2010.

It also highlighted that Nagpur being a non-attainment city that has not met National Ambient Air Quality Standards (NAAQS), the new units could exacerbate pollution and pose risks to citizens’ health. Issues related to radioactive fly ash, breaches of ash ponds, and pollution of the Kanhan river, which supplies water to Nagpur city also were highlighted in the PIL. Advocate Dr Tushar Mandlekar, assisted by Adv Tejas Fadnavis, presented the case on behalf of the petitioners. The respondents include the Ministry of Environment Forest & Climate Change, the Ministry of Power, and the Maharashtra State Power Generation Co. Ltd (MahaGenco). Adv Mohit Khajanchi represented MahaGenco, while Adv Ravi Sanyal appeared on behalf of MPCB, and Deputy Solicitor General of India Nandesh Deshpande represented the Union of India. Adv Deepak Thakre represented the District Collector.