Environmental Clearance Litigations in Hydropower Projects
- ByAdmin --
- 02 May 2025 --
- 0 Comments
Hydropower projects, though crucial for clean energy, have often been caught in legal battles due to environmental clearance (EC) issues.
Environmental groups, local communities, and even state governments have approached courts to challenge approvals given without adequate ecological assessments.
Legal Framework Involved
- Environment (Protection) Act, 1986:
- Empowers the Central Government to take measures to protect and improve the environment.
- Empowers the Central Government to take measures to protect and improve the environment.
- EIA Notification, 2006 (under the Environment Protection Act):
- Mandates prior Environmental Clearance for hydropower projects above 25 MW capacity.
- Mandates prior Environmental Clearance for hydropower projects above 25 MW capacity.
- Forest (Conservation) Act, 1980:
- Restricts use of forest land for non-forest purposes without prior approval.
- Restricts use of forest land for non-forest purposes without prior approval.
- Constitution of India:
- Article 21: Right to life includes the right to a healthy environment.
- Article 48A: State’s duty to protect the environment.
- Article 51A(g): Citizens’ duty to safeguard nature.
Key Issues Leading to Litigations
1. Inadequate Environmental Impact Assessments (EIA)
- Many hydropower projects are accused of superficial or incomplete EIAs.
- Failure to assess impacts on river ecosystems, local biodiversity, and indigenous communities often leads to legal challenges.
2. Non-Compliance with Procedural Norms
- Projects sometimes bypass mandatory public hearings or fail to properly address public objections.
- Under EIA Notification, 2006, public consultation is a mandatory step.
3. Fragmentation of Large Projects
- Developers split large projects into smaller ones to evade rigorous environmental scrutiny ("salami slicing").
- Courts have criticized such practices as violations of EIA norms.
Major Judicial Interventions
- Alaknanda Hydropower Co. Ltd. v. Anuj Joshi (2014):
- Supreme Court suspended clearances for hydro projects in Uttarakhand post the 2013 floods, citing inadequate disaster impact studies.
- Save Mon Region Federation v. Union of India (2018):
- NGT cancelled EC for a hydropower project in Arunachal Pradesh due to procedural lapses and non-consultation with affected communities.
- Himdhara Collective Cases:
- Environmental groups successfully challenged hydro projects for non-compliance with EIA processes in Himachal Pradesh.
Challenges in the Clearance Process
1. Balancing Development and Conservation
- India’s push for renewable energy often conflicts with ecological preservation, especially in sensitive Himalayan regions.
2. Poor Implementation of Mitigation Measures
- Even when ECs prescribe safeguards (e.g., fish ladders, flow maintenance), developers often fail to implement them effectively.
3. Lack of Cumulative Impact Assessments
- Approvals are often granted without considering cumulative impacts of multiple hydro projects on the same river system.
Government’s Response and Policy Shifts
- New EIA Draft Notification, 2020 (pending):
- Proposed easing some norms for projects under 25 MW, raising concerns among environmentalists.
- National Mission for Sustaining Himalayan Ecosystem:
- Aims to guide eco-sensitive project planning in mountain regions.
- Increased Judicial Monitoring:
- Supreme Court and NGT have mandated periodic compliance reports for major hydropower projects.
Conclusion
Environmental clearance litigations in hydropower projects reveal the tension between green energy expansion and environmental preservation.
To avoid future legal challenges, authorities must ensure rigorous EIAs, genuine public participation, and strict enforcement of environmental safeguards.
Sustainable development must not come at the cost of India's fragile ecosystems, especially in ecologically sensitive zones like the Himalayas.
RELATED Blog
0 comments