NGT sets aside Environmental Clearance given by A.P. to Avulapalli reservoir, imposes ₹100 crore penalty

The Chennai Bench of National Green Tribunal (NGT) has set aside the Environmental Clearance (EC) given by the State-level Environment Impact Assessment Authority (SEIAA) for the construction of Avulapalli balancing reservoir in Somala mandal of Chittoor district

The Chennai Bench of the National Green Tribunal (NGT) comprising Justices Pushpa Satyanarayana and K. Satyagopal has set aside the Environmental Clearance (EC) given by the State-level Environment Impact Assessment Authority (SEIAA) for the construction of Avulapalli balancing reservoir in Somala mandal of Chittoor district and imposed a fine of ₹100 crore on the State Water Resources Department. 

Accordingly, the NGT ordered that the project works of Avulapalli, Mudivedu, and Nethiguntapalli reservoirs should be stopped forthwith for attempting to avoid the mandatory environmental impact study and public hearing, and an affidavit be filed in compliance with its order before May 25. It imposed a penalty of ₹100 crore on the Water Resources Department (WDR) / Project Proponent (PP) to be paid to the Krishna River Management Board (KRMB) within three months. 

Further, the NGT ordered that an expert committee consisting of the senior most scientist from the Integrated Regional Office of the Ministry of Environment, Forest and Climate Change (MoEFCC) in Vijayawada, a senior engineer from the Central Pollution Control Board and a senior engineer of KRMB be constituted to assess the environmental damage already caused and arrive at the compensation to be levied on the PP. 

It recommended that the Secretary of the Ministry of Jal Shakthi should form a panel of engineers from the Central Water Commission and KRMB to study the scheme sanctioned by the Government of Andhra Pradesh vide G.O.Rt No.461 dated September 2, 2020, and order an inquiry to identify the officers of the SEIAA and officers representing the PP responsible for filing fabricated documents before the tribunal, in order to take an appropriate action. 

The NGT was disposing of an appeal filed by farmers represented by advocate Sravan Kumar, against the validity of the EC mainly on the ground that it was obtained only for Avulapalli balancing reservoir with 2.50 TMCFT capacity whereas the relevant G.O.s proposed three reservoirs linking Galeru Nagari Sujala Sravanthi (GNSS) to Handri Neeva Sujala Sravanthi. 

According to them, the Avulapalli reservoir has been proposed to create a new command area of 40,000 acres plus 20,000 acres of existing ayacut by storing 3.50 TMCFT of water from GNSS.