Andhra Pradesh Moves SC Against NGT Order Quashing Environmental Clearance To Avulapalli Reservoir

The Andhra Pradesh government on Monday moved the Supreme Court challenging an order of the National Green Tribunal (NGT) which set aside the Environmental Clearance (EC) granted to Avulapalli Reservoir.

The matter was mentioned before a bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwalaby Senior Advocate Mukul Rohatgi.

The bench agreed to schedule the case for May 17, 2023.

“This is an extraordinary case milord. We are challenging it. This reservoir is for ₹3000 crores and our EC has been cancelled. Monsoon is coming. Appeal filed yesterday,” Rohatgi stated.

“We will list it day after tomorrow since it is a public project,” the CJI informed.

On May 11, the NGT in Chennai quashed the EC granted by Andhra Pradesh’s State Environment Impact Assessment Authority (SEIAA) to Avulapalli Reservoir. It had also imposed a penalty of Rs 100 crore on Andhra Pradesh government payable to the Krishna River Management Board within a period of three months.

A bench of Justice Pushpa Sathyanarayana and expert member Dr Satyagopal Korlapati found it disturbing that a government department could implement an irrigation project by lying, misrepresenting, and cheating the SEIAA in flagrant violation of environmental norms.

“It is extremely disturbing to note that a Government Department, in gross violation of the environmental laws, can go to the extent to implement an Irrigation Project by resorting to falsehood, misrepresentation and cheating the SEIAA,” the NGT remarked.

The Tribunal was disposing of an appeal filed by farmers, represented by advocate Sravan Kumar, questioning the validity of the EC of the project.

The appeal was primarily based on the contention that the EC was obtained solely for the Avulapalli balancing reservoir with a capacity of 2.50 Tmcft, despite the fact that the relevant Government Orders (GOs) proposed the construction of three reservoirs to connect the Galeru Nagari Sujala Sravanthi to the Handri Neeva Sujala Sravanthi.