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Supreme Court of India· 20 February 2023

Did the Court decide whether a cumulative impact assessment study is required?

M/s IL&FS Tamil Nadu Power Company Limited v. T. Muruganandam & Others
2023 INSC 136
Coram: M.R. Shah; C.T. Ravikumar
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Answer

No. The larger question of law, namely whether for a project like this a cumulative impact assessment study is required or not, was expressly kept open to be decided in an appropriate case, and the appeals were disposed of on the compliance conditions alone. The Court further made it clear that the present order shall not be cited as a precedent in any other matter.

Headnote

National Green Tribunal Act 2010 — EIA Notification 2006 — Environmental Clearance — Corrigendum to Environmental Clearance — Maintainability of appeal — Cumulative impact assessment — Not to be cited as precedent — National Green Tribunal Act 2010 — Appeal against a corrigendum to an Environmental Clearance — Held: An aggrieved person may always challenge a corrigendum to an Environmental Clearance, but the appeal is restricted to the additional conditions in the corrigendum where the original clearance is unchallenged or has already been confirmed on conditions not challenged. (¶9) Environmental Clearance — Operating plant — Larger public interest — Held further: Where units have supplied power since 2015 to about forty lakh households in an energy-deficit State and there is substantial compliance with the clearance conditions, closing them would not be in the larger public interest. (¶7) Cumulative impact assessment — Question expressly left open — Held further: Whether a cumulative impact assessment study is required for such a project was kept open, to be decided in an appropriate case. Appeals disposed of; the Court directed that this order shall not be cited as a precedent in any other matter. (¶8, 10)

In the Court's own words
Paragraph 8Considering the aforesaid facts and circumstances and subject to compliance of the conditions imposed while issuing EC and the additional conditions imposed vide corrigendum to the EC dated 14.08.2012 and subject to the conditions/additional conditions which are partly complied with, to be complied with within the time suggested in the response of the appellant/project proponent, reproduced hereinabove and keeping the larger question of law, namely, “whether for the project like this, a cumulative impact assessment study is required or not”, open and to be decided in an appropriate case, we dispose of the present appeals by permitting/allowing the appellant/project proponent to continue with the power plants which are in operation since September, 2015 and April, 2016 on the conditions as above, i.e., subject to compliance of all the conditions mentioned in the EC as well as additional conditions imposed vide corrigendum to the EC dated 14.08.2012 and to fully comply with the conditions which are partly complied with within the stipulated time as suggested and prayed by the appellant company, prayed in response to the compliance report dated 20.09.2022, reproduced hereinabove.
Paragraph 10The present appeals stand disposed of in the aforesaid terms. We make it clear that the present order shall not be cited as a precedent in any other matter. …………………………………J [M.R. SHAH] NEW DELHI; ……………………………….J. FEBRUARY 17, 2023 [C.T. RAVIKUMAR]
Acts & Sections
National Green Tribunal Act 2010EIA Notification 2006

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Also decided in this judgment
Is an appeal to the NGT against a corrigendum to an Environmental Clearance maintainable?Can an operating power plant be closed where clearance conditions are substantially complied with?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections