A telling tale of India’s environmental governance - #thread

In 2016, KTV Oil Mills & KTV Health Foods (a joint venture with Adani Wilmar Limited) constructed an oil storage facility & pipeline in Chennai w/o Coastal Regulation Zone clearance from India& #39;s environment ministry.
An expert panel of environment ministry had considered the project for clearance in 2016 but had not given clearance seeking some clarification from ministry-even then company built the facility & pipeline. Local fishermen community then opposed it in the National Green Tribunal.
In Jan 2017, NGT ordered an immediate stop to operations of the facility & asked the company to not start work until CRZ clearance is taken. Then in the next few months, an expert panel of environment ministry considered the project.
The environment ministry& #39;s expert panel noted that there are no specific provisions in CRZ Notification 2011 for considering a proposal for post-facto CRZ Clearance. But (in 2017) the panel recommended (clearance) to KTV& #39;s project.
One of the main points against the project has been the project is not a permissible activity in a Coastal Regulation Zone except in the notified port area – and KTV’s project is not located in that port area.
After expert panel’s recommendation, environment ministry didn’t issue clearance. Instead, in 2018, ministry amended the CRZ notification 2011 allowing post-facto clearances provided such activity was permissible under CRZ norms & post-facto approval was sought before June 2018.
Soon after amendment, environment ministry asked the company to get a recommendation from Tamil Nadu Coastal Zone Management Authority for post-facto clearance. Environment Ministry also sent a reminder to Tamil Nadu CZMA about it.
Finally, in 2019, the Tamil Nadu CZMA recommended project after which the environment ministry in March 2019 issued CRZ clearance to the KTV& #39;s project. It was then challenged in the NGT whose southern bench heard the case & reserved judgement on July 30, 2020.
In its judgement announced on Sep 30, 2020, NGT’s bench of Justice K. Ramakrishnan & expert member Saibal Dasgupta set aside the CRZ clearance – it noted that authorities were not justified in considering project & granting the CRZ clearance.
NGT directed company to submit compensation of Rs 25 lakhs within 2 months & asked it to remove structures constructed in CRZ Zone within 3 months. NGT directed the Tamil Nadu CZMA to remove the structures if the company fails to do so in 3 months.
Link for the NGT& #39;s judgement - https://bit.ly/30rrcOk 

Advocate">https://bit.ly/30rrcOk&q... Ritwick Dutta of @lifeindia2016 & G. Stanley Hebzon Singh & K. Mageswaran deserves special applause for following the case till the end.
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