Trans-harbour link hits environmental hurdle

Ritwick Dutta,the counsel for the petitioner,argued that the project had got an environmental clearance in 2005 but construction had not begun even seven years later.

This is likely to affect the environment as some new factors may have arisen that need to be considered,he claimed.

According to the Environment Impact Assessment (EIA) notification,an environment clearance is valid only for five years and construction has to start during that period.

Dutta challenged the environmental clearance given to the MTHL project saying it was given without considering the ecological sensitivity of the Sewri mudflats and that a public hearing was not conducted after the comprehensive EIA report was prepared in 2004.

The petition seeks a fresh EIA to be conducted by the MMRDA for the project as many of the parameters may have now changed,and to obtain a fresh environment clearance on that basis.

The Bench comprising the tribunal’s acting chairperson Justice A S Naidu and expert member Prof R Nagendran observed that “there are substantial questions relating to environment involved in this case,which need to be considered. Accordingly,appeal is admitted.”

The Bench has allowed the MMRDA to complete the tender process for the project but “not to take any final decision or issue the work order,if not already issued without the prior permission of the tribunal.”

The Ministry of Environment and Forests (MoEF),Maharashtra Pollution Control Board (MPCB),the state government and MMRDA have now been asked to file their replies.

However,MMRDA commissioner Rahul Asthana said the tribunal order does not hold much significance for the authority as the work order will be issued only in October and they are already seeking a fresh environmental clearance from the MoEF.

“It is incorrect to say that we are constructing based on an environment clearance given seven years ago. We are seeking a fresh environment clearance,which has already been approved by the Maharashtra Coastal Management Authority (MCZMA) and recommended to the MoEF,” said Asthana. “We will respond to the order when we receive a copy and inform the honourable Tribunal of the steps we have taken,” he said.