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The Supreme Court on Tuesday reprimanded a non-governmental organization (NGO) for opposing a renewable energy project at Jayakwadi dam in Maharashtra. The court asked how the country will progress if every project is opposed. The Jayakwadi dam area has been designated as a reserved bird sanctuary and an eco-sensitive zone.
Court raised questions on the authenticity of the NGO
A bench of Justices Surya Kant and N Kotiswar Singh also questioned the authenticity of the NGO ‘Kahar Samaj Panch Samiti’ and asked, “Who has set you up and funded you? What is your previous experience in environmental protection?”
The bench had dismissed the NGO’s petition
The bench dismissed the NGO’s petition challenging the September 9, 2024 order of the National Green Tribunal (NGT). It said that the NGT correctly assessed the NGO’s petition and found no ground to interfere with the tribunal’s order.
So how will the country progress- SC
The bench said, ‘You are not allowing even a single project to work. If every project is opposed, how will the country progress? Even with the solar power project you have a problem.’ The lawyer appearing on behalf of the NGO argued that the Jayakwadi dam area is an ecologically sensitive area and the project will affect the biodiversity there.
Attempt to obstruct the project by litigation
On this, the bench made a harsh comment and said that it seems that the company which failed to get the tender has funded the NGO. Now it is trying to obstruct the project by indulging in ‘frivolous litigation’.
NGT did the right thing by seeking a reply from the ministry- SC
The Supreme Court said that the NGT did the right thing by seeking a reply from the Union Ministry of Environment, Forest and Climate Change, which clarified the situation and presented the Centre’s notification of 12 July 2017, which states that production of renewable energy and fuel is included in the activities that are being promoted.
The NGT bench has also rejected the petition
The NGT’s Western Zone bench had rejected the NGO’s petition on 9 December last year, saying that the petitioner (NGO) failed to present any example of any law that prohibits such activities in ecologically sensitive areas. The NGT had taken note of the fact that THDC India Limited (formerly Tehri Hydro Development Corporation Limited), owned by National Thermal Power Corporation (NTPC), and the Ministry of Power, Government of Maharashtra had floated a tender with a view to set up a ‘floating solar power plant’ at Jayakwadi dam located on Godavari river at Jayakwadi village in Paithan taluka of Sambhajinagar district in the state.
The NGO had sought a direction to THDC India Limited to scrap its plan to set up a ‘floating solar power plant’ on the dam. It had contended that the ‘floating solar power plant’ would be harmful to aquatic life in the dam waters and may cause permanent loss to biodiversity in the area.
