Is an appeal to the NGT against a corrigendum to an Environmental Clearance maintainable?

Yes, but in a restricted form. An aggrieved person may always challenge the corrigendum to the Environmental Clearance; however, the appeal will be restricted to the corrigendum on additional conditions only, if the original Environmental Clearance is not under challenge, or the original clearance has been confirmed by the NGT earlier on certain conditions which have not been challenged.

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)

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