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Environmental clearance to MPC -- HC calls compliance report from Centre

Our Bureau

BANGALORE, June 23

THE Karnataka High Court has directed the Union Environment Secretary to prove compliance of a 1997 High Court order pertaining to review of environmental clearances granted to Mangalore Power Company (MPC).

The two judges have given the Ministry of Environment and Forests two weeks to file a report to show that it has complied with an earlier order of the High Court, according to a release issued by the Environment Support Group (ESG).

The latest interim order was issued on June 16 by the Chief Justice, Mr. Justice Bhaskar Rao, and Mr. Justice Gopalagowda to the Secretary, Union Ministry of Environment and Forests. The order was given on the contempt petition filed by Janajagriti Samit hi, Nandikur, and Environment Support Group, which have been opposing the location of the project at Nandikur on environmental grounds.

The release said in August 1997, High Court judges Mr. Justice Rajendra Babu and Mr. Justice Sreenivasa Rao had directed the Ministry to review the final environmental clearances granted to the MPC's 1,000-MW coal fired thermal power project. This judgme nt was later upheld by the Supreme Court.

The 1997 order was based on a public interest litigations filed by the Janajagriti Samiti, Nandikur, and Ms. Maneka Gandhi (currently Union Minister of State for Social Justice), who had opposed the location of the project in Nandikur.

Later, in 1999, the samiti and ESG filed a contempt of court case over non-compliance by the MoEF, including holding of public hearing which the Court had mentioned. The Ministry's counter-affidavit claimed to have conformed, but without providing substa ntial proof of the same, the release said.

The present direction of the High Court demands this proof, particularly evidence of consideration of the representations made by the petitioners.

The judges had directed the Ministry to complete a review of the clearances within three months of the judgment, i.e. November 29, 1997; the exercise was to consider the implications of:

I the findings of a study by National Environmental Engineering Research Institute (NEERI), made at the behest of the Supreme Court;

I the four-year environmental master plan or study of Dakshina Kannada region prepared by DANIDA and the Karnataka Department of Ecology and Environment;

I the Sagardhara report commissioned by Janajagriti Samiti, reviewing the rapid environment impact assessment submitted by the promoters (then Cogentrix and currently CLP International) as basis for environmental clearance;

I the implications of the absence of the ``carrying capacity'' study of the region, which the State Government had ordered in 1995. The carrying capacity study is yet to be initiated, according to ESG.