NGT stops Tangedco from constructing pipeline across Kosasthalaiyar without environmental clearance

Fines the electricity agency ₹50 lakh in addition to ₹4.12 crore Environment Compensation imposed earlier

The southern bench of the National Green Tribunal has directed Tangedco not to proceed with construction of a fly ash slurry pipeline across the Kosasthalaiyar river in Ennore without going through the process of getting Environment Clearance (EC), including applying afresh, obtaining Terms of Reference, conducting environment studies and public hearing. The bench also imposed an additional fine of ₹50 lakh on Tangedco for preparing and making attempts to construct a pipeline without getting the EC.

The fine is in addition to an earlier Environment Compensation of ₹4.12 crore imposed on it by the Tribunal. Tangedco has been directed to pay the compensation within three months failing which the Tamil Nadu Pollution Control Board has been directed to initiate recovery proceedings. The compensation paid by Tangedco can be used by TNPCB to protect the Kosasthalaiyar as well the Ennore creek and restore the damage caused to the environment while also providing necessary protection to prevent encroachment in these areas in the future and avoiding further environmental damage as well as riverine damage there.

The applicant had moved the Tribunal against Tangedco stating it had illegally, without clearance, commenced and constructed a portion of the ash pipeline for its new project without Environment and CRZ clearances. The applicant had also stated Tangedco had applied for clearance post facto and that the attempt deserved to be deprecated as there was no provision in law to grant such clearances.

“The Tangedco is directed not to proceed with the work of laying the pipeline through the CRZ zone and also in the other area in violation of the Environment Clearance and CRZ Clearance granted to them in 2016, without getting necessary further clearances in this respect by filing a fresh application in accordance with law and the same will have to be considered by the authorities strictly in accordance with law,” the bench said.

The bench also directed Tangedco to carry out replacement of old pipelines within the time line fixed by the Tribunal and to carry out recommendations made by the joint committee appointed by the NGT in letter and spirit to avoid future breaches of fly ash into the riverine area.

“The Tangedco is directed to take steps to remove the fly ash already deposited in that area, as directed by the Joint Committee as well as the Pollution Control Board at the earliest possible time to reduce the impact of damage to riverine environment any further. The Tangedco is also directed to take necessary steps to avoid leakage through pipes and they must hold vigil by regular inspection of the old pipe lines till such time their replacement is completed and take immediate steps to arrest breaches, if any, during the interregnum,” the bench said.

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