Nagpur: In a significant development, the Nagpur Bench of Bombay High Court, presided over by Justice Atul Chandurkar and Justice Vrushali Joshi, has acknowledged irregularities in the “Environmental Public Hearing” held by the Maharashtra Pollution Control Board (MPCB) on May 29, 2023, for the proposed expansion of the Koradi Power Plant.
This comes in response to a Public Interest Litigation (PIL) filed by Vidarbha Connect, an NGO represented by Dinesh Naidu, along with Dr. Sharad Pawar, a distinguished scientist, and Shri Palamwar, a retired Director from MSEDCL. The expansion project, proposed by MAHAGENCO, aims to add two units of 660 MW each to the existing 2400 MW Koradi Power Plant, situated in close proximity to Nagpur City.
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This plan includes the decommissioning of six units with a total capacity of 1250 MW across different locations, and the establishment of a new 1320 MW unit at Koradi. However, concerns have been raised about the environmental impact and potential health hazards to citizens. One of the primary contentions raised by the petitioners is that the prescribed procedure for Environmental Public Hearing, as laid down by the Union of India, under the Environmental Impact Assessment Notification of September 14, 2006, was not followed.
Furthermore, they argue that the Public Hearing notice was not adequately publicized, depriving residents within a 10-kilometer radius and a large population in the Nagpur Metro Region of their right to participate. During the hearing, participants expressing dissent were allegedly disrupted and prevented from voicing their concerns. Additionally, there are concerns about the existing Koradi units being highly polluting, with critical pollution control measures still pending implementation, despite specific conditions in the 2010 Environmental Clearance granted by the Ministry of Environment and Forest.
Given that Nagpur is categorized as a Non-attainment city, consistently failing to meet National Ambient Air Quality Standards (NAAQS), the addition of new units could exacerbate pollution levels, posing a risk to citizens’ health. The Maharashtra Pollution Control Board has previously issued notices to MAHAGENCO for persistently causing water and air pollution, which, according to reports, have not been effectively addressed. Issues related to radioactive Fly Ash, frequent breaches of ash ponds, and the contamination of Kanhan River water supply to Nagpur City have also been highlighted.
Notably, the Vidarbha region houses a majority of Maharashtra’s Coal-Based Thermal Power Plants, generating around 17000 MW, significantly surpassing the demand of 1800 MW. The excess power is then supplied to other parts of the state. The Bombay High Court has responded by issuing notices pertaining to the first and fourth prayer clauses, which seek a fresh public hearing and call for MPCB to take action against MAHAGENCO officials for failing to control pollution originating from the Koradi Power Plant.
The case is scheduled for further proceedings. Advocate Dr. Tushar Mandlekar, supported by Adv. Tejas Fadnavis, represented the petitioners during the hearing, emphasizing the need for a fair and comprehensive assessment of the environmental impact. Other petitioners, including Anil Palamwar, a former Director of Operations at MSEDCL, and Dr. Sharad Pawar, a distinguished scientist formerly associated with the Bhabha Atomic Research Centre, have also lent their support to the cause.
The respondents in the case include prominent authorities from the Ministry of Environment Forest & Climate Change, Ministry of Power, Maharashtra Pollution Control Board, Maharashtra State Power Generation Co. Ltd., Nagpur District Administration, and various local bodies. Advocate Mohit Khajanchi represented MAHAGENCO, while Adv. Ravi Sanyal represented MPCB. Deputy Solicitor General of India, Shri Nandesh Deshpande, appeared on behalf of the Union of India, and Adv. Deepak Thakare represented the District Collector.
