The Supreme Court on Tuesday pulled up an NGO for opposing a renewable energy project at the Jayakwadi Dam in Maharashtra, which is declared a bird sanctuary and an eco-sensitive zone, asking how would the country progress if every project was resisted.
A bench of Justices Surya Kant and N Kotiswar Singh also raised over the questions the bonafide of NGO "Kahar Samaj Panch Committee" and asked, "Who has planted you and funded you? What is your past experience in environment protection?"
The bench dismissed the NGO's petition challenging the September 9, 2024 decision of the National Green Tribunal rejecting its plea and observed the green panel had rightly appreciated the material.
The top court found no ground to interfere with the NGT order.
"You are not allowing a single project to work. How will the country progress, if every project is opposed and resisted upon? Even with a solar power project, you have a problem," the bench added.
The NGO's counsel said the area was an eco-sensitive zone and the project would affect the biodiversity.
The bench said it appeared that the company, which lost the tender has funded the NGO, and it was now trying to stall the project by indulging in "frivolous litigation".
The NGT, the top court said, rightly sought the response of the Ministry of Environment, Forests and Climate Change, which clarified the position and produced a notification dated July 12, 2017 of the Centre which says the use of renewable energy and fuels were promoted activities.
On September 9, last year, while dismissing the plea of the NGO, the Western Zone bench of the NGT said that it could not show any law prohibiting such kind of activity in the eco-sensitive zone.
The green panel had noted the THDC India Ltd. (formerly Tehari Hydro Development Corporation Ltd.), which was under the ownership of the National Thermal Power Corporation NTPC, Ministry of Power of Maharashtra Government has issued a tender initiating the idea of setting up floating solar project at Jayakwadi dam, which is an earthen dam, located on Godavari River at the site of Jayakwadi village in Paithan Taluka of Sambhaji Nagar district.
The NGO sought a direction to be issued to the THDC India Ltd to cancel the proposed "Floating Solar Power Project" at the Dam.
It contended that the floating solar project would be detrimental to the aquatic life in the water of the dam and could cause permanent damage to the biological diversity in the area.
The NGO further said it could create multiple problems to the declared bird sanctuary and the water in the dam was supplied for drinking purposes and also for agriculture.
The NGT noted that Nath Sagar Jalashay was the name of a reservoir formed by the Jayakwadi Dam, which is fed by the Godavari and Pravara Rivers, which is about 55-kilometre long and 27-Kilometer wide and spanned over 350 square kilometre.
The NGO had submitted that the total submergence area due to the reservoir was about 36,000 hectare (89,000 acres) and the submergence area of the Jayakwadi Dam was declared as wildlife sanctuary, hence setting up of floating solar project over the dam couldn't be allowed considering environmental norms and concept of preservation of biodiversity.
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