NGT to hear again the Appeal against TPP at Sompeta on merit after allowing the review Petition of M/S Nagarjuna Construction Company Ltd

Cause title: M/S Nagarjuna Construction Company Ltd v T Mohan Rao and others

Case Number: Review Petition Number 2 of 2010

Bench: Justice A S Naidu and Dr. G K Pandey

Date of Judgement: 19th September 2011

NGT to hear again the Appeal against TPP at Sompeta on merit after allowing the review Petition of M/S Nagarjuna Construction Company Ltd

The appeal was filed in the National Environment Appellate Authority (NEAA) against the Environmental Clearance (EC) given to M/S Nagarjuna Construction Company Ltd by the Ministry of Environment and Forests for the construction of 2x600 MW Super Critical Coal based Thermal Power Plant, at Sompeta of Srikakulum District of Andhra Pradesh.

NEAA member visited Sompeta with Dr. S Kaul who is an expert on wetlands and found the project area to be a wetland. Based on this finding, the NEAA dismissed the EC given to the project proponent.

Challenging this order of the NEAA, a review petition was filed by M/S Nagarjuna Construction Company Ltd. The Tribunal allowed the review petition as the court found the visit of NEAA member as a violation of the principle of natural justice and equity. The principle of natural justice and equity restrain any person from becoming a judge of his own cause. By visiting the project area, the member of NEAA had involved themselves as an interested party in the case.
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