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Heading the bench, NGT chairperson Justice Adarsh Kumar Goel refused to set aside the sanction granted by authorities. However, the bench directed the state Forest Department and the Ministry of Environment and Forests to monitor the project and to take appropriate action against the project proponent if any violations were found.
Environmentalists K N Somashekar and H A Kishor Kumar had filed the petition alleging that the Karnataka government had failed to obtain the required permissions from various statutory bodies before starting the work. They had raised suspicions that though a drinking water project, the government may use it for irrigation as well and had sought injunction restraining the government from proceeding with the work without conducting the scientific study of environment impact on the Western Ghats.
The bench dismissed the plea and said, “We feel that neither the appellant nor the original applicant had made out any case against the implementation of the project and set aside the sanction granted by the authorities for this project. So both the appeals as well as the original application lack merits and the same are liable to be dismissed,” said the bench and noted that the ministry of environment and forest reserves had clarified that as it was a drinking water project and no environment clearance was required.
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The bench spoke referring the National Water Policy and said, “any project intended for conserving the ground water level or ground water table in a much affected area by providing a method for recharging the same so as to increase the replenishing of water table so as to increase the available water in that area has to be encouraged,” and added that the policy also provides for diverting the flood water in a scientific manner.
“Further while granting stage-1 as well as stage-2 approval, the central government has considered the report given by the principal chief conservator of forest, Karnataka and also the report submitted by the chief wildlife warden wherein they have categorically stated that it is not (falling) within the prohibited distance of any national geological park or any wildlife sanctuary so as to get clearance from the wildlife board as contended by the counsel for the appellant as well as the applicant,” stated the judgement and added “the impact of the Western Ghats has been considered and only a minimum extent was permitted to be used for non-forest purpose which is required to meet the contingency of providing drinking water to the general public who are affected by the water scarcity.”
Necessary approvals already granted
Furthermore, the tribunal said that the documents produced by the applicant show that the government as well as the authorities have called for necessary documents wherever they required clarification and only after getting those clarifications and the documents that they have granted the approval.
“The notification relied on by the counsel for the appellant as well as the applicant issued in the year 2015 on the basis of Dr Kasturirangan Report on Western Ghats also didn’t prohibit the project regarding drinking water purpose and only certain categories of activities specified therein alone were prohibited,” said the tribunal.