Note: Polavaram dam, also known as the Indira Saga...

2007-12-25T06:55:00.000-08:00

Note: Polavaram dam, also known as the Indira Sagar project was opposed by Chhattisgarh, Orissa and the citizen groups. This project was part of the Interlinking of Rivers project.

The Orissa Chief Minister wrote to the Andhra Pradesh Chief Minister opposing Andhra’s unilateral decision. The project proponents seemed to be reaping the benefits of a friendly government at the centre.

The National Water Development Agency on the 174 KM Polavarm link, is available at the following link http://nwda.gov.in/index3.asp?sublink2id=12

Chapter 14 of the report deals with the ecological impact of the project that entails Polavaram -linking Godavari and Krishna.

The order that quashed the Environment Ministry's clearance to the project in 2005 was passed by the National Environment Appellate Authority (NEAA) comprising J.C Kala, I.V. Manivannan and Kaushlendra Prasad.

Before this historic decision of NEAA, the Orissa Chief Minister in his letter to the Central Water Commission wrote that the environmental clearance to Polavaram project was "fraudulent"..

NEAA was established to hear appeals against orders granting environmental clearance. The Authority was established vide notification on 9th April, 1997 after the enactment of the National Environment Appellate Authority Act,1997.

In theory, the Authority comprises of a Chairperson (former judge of the Supreme Court), Vice-chairperson (former Secretary to the Govt. of India), and up to-three members.

The Authority is supposed to be a mechanism independent of the Ministry of environment & Forests to deal with appeals against environmental clearance decisions.

The class of persons, who have the right to appeal to the Appellate Authority includes

(i) any person who is likely to be affected by the grant of environmental clearance;

(ii) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;

(iii) any association of persons (whether incorporated or not) likely to be affected by such order an functioning in the field of environment;

(iv) the Central Government, where the environmental clearance is granted by the State Government; and the State Government where the environmental clearance is granted by the Central Government; and

(v) the concerned local authorities.

The Authority is not bound by the procedure laid down in the Code of Civil Procedure and is supposed to be guided by the principles of natural justice. The Authority enjoys the powers vested in a Civil court. The National Environment Appellate authority is a very important initiative in our quest for sustainable development and the preservation of our ecology and natural resources. It is meant to provide a greater voice to citizens in the adjudication of matters pertaining to the environment.

Before the quashing of the environmental clearance given to the Rs 12,591 crore project, NEAA has been struggling for last 10 years to justify its reason for existence.

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Note: Polavaram dam, also known as the Indira Saga...