The expansion project will be implemented within and the adjoining premises of the existing plant in Village Manuapali and Jamgaon, Raigarh (Tehsil & District), Chhattisgarh.
By Rusen Kumar
RAIGARH: The Chhattisgarh High Court has issued a stay order on a notification issued by Chhattisgarh Environment Conservation Board, Raipur (CGECB) for the public hearing on the expansion of production capacity of Suresh Kumar Agrawal led MSP Steel & Power Limited expansion of mini-integrated steel plant in Jamgaon Village under Raigarh Tehsil of Chhattisgarh.
The listed company has its registered office at Kolkata.
“Total land for the existing unit is 42 Acres. Company has further purchased 72 acres. Now it is proposed to acquire 427 Acres of land for the expansion and total land after expansion will be 541 Acres.”, the company said.
The public hearing was scheduled to be held on November 17, 2021, at Jamgaon Village. Chhattisgarh Environment Conservation Board, Raipur had issued the notification on 13.10.2019 to hear the grievances of people to be affected due to the expansion of the plant.
The Double Bench of Chief Justice Arup Kumar Goswami and Justice Gautam Bhaduri Court issued the interim order on a petition filed by Ramesh Agrawal, an environment activist. The petition had challenged the notification on the ground that it violated the order issued by the Member Secretary is in violation of EIA Notification 2009 issued by the Ministry of Environment, Forrest and Climate Change, Govt. of India.
Advocate Rohan submits that as per Notification dated 01.12.2009 issued by the Ministry of Environment and Forest, a public hearing is required to be completed within a period of 45 days from the date of receipt of the request letter from the applicant and that if such public hearing cannot be concluded within the aforesaid period, the Central Government, Ministry of Environment and Forest, in respect of Category ‘A’ projector activity, in which the present project falls, at the request of the State Level Environment Impact Assessment Authority shall engage any other agency or authority to complete the process in terms of the notification. Rohan submits that the period of 45 days has expired long back, the present notice issued by the Member Secretary of Chhattisgarh Environment Conservation Board (CECB), is not sustainable in law.
The bench said, “…. because of the Covid-19 pandemic, step had to be taken for postponing the public hearing and therefore, the contention of the learned counsel for the petitioner cannot be accepted. The matter will require detailed consideration. We are, however, of the opinion that in the facts and circumstances of the case, a prima facie case is made out for an interim order as, admittedly, the period of 45 days as envisaged under Clause 7.1 from the date of filing of the application by respondent No. 7 has expired. Taking that view, while issuing notice making it returnable on 15.12.2021, we provide that no public hearing shall take place on 17.11.2021 in terms of notice dated 13.10.2021 issued by the Member Secretary of Chhattisgarh Environment Conservation Board (CECB).”
The public hearing is a mandatory step in the process of environmental clearance for certain industrial developmental projects in India. The provision of public hearing provides a legal space for people of an area to come face-to-face with the project proponent and the government and express their concerns.
(Rusen Kumar is the Editor of India CSR. He writes on CSR, Sustainability and Environmental affairs.)
