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BOMBAY HIGH COURT ORDERS FRESH PUBLIC HEARING IN LANCO POWER PROJECT AT WARDHA In a landmark judgment the Bombay High Court, Nagpur Bench comprising of Justice Sharad Bobde and Justice M.N. Gilani have directed the Maharashtra Pollution Control Board to conduct the fresh Public Hearing in accordance with the law in the matter of Environmental Clearance granted to the Lanco Thermal Power Plant. The court has passed the landmark judgment in a Public Interest Litigation filed by the four farmers from the village Pullai in Wardha District challenging the legality and validity of the "Public Hearing" conducted by the MPCB on 17-09-2010 for the purpose of grant of Environmental Clearance and held that the Public Hearing was vitiated. It was the case of the petitioners namely Padmakar Deshmukh, Chandrashekhar Bhende, Laxman Manwatkar, Vijay Muley that the company named Lanco Tharmal Power Ltd. in connivance with the officials of the Maharashtra Pollution Control Board has manipulated the Minutes of the Public Hearing held on 17-09-2010 and obtained the Environmental Clearance. The main challenges of the petitioners were as below:- 1) That the Public Hearing was presided by the SDO who had no powers and authority. 2) The notice of the Public Hearing was not published in the Local Newspapers. 3) Even when 5000 persons were present only 14 persons were allowed to speak. 4) The minutes of the public hearing were not recorded perfectly and were not prepared in Marathi and were also not read over after the Public Hearing. 5) The Policemen present were openly threatening the villagers and directing them not to speak against the project. 6) The villagers were brutally beaten by the goons hired by the company. Etc 7) The First Information Report was registered against the officials of the company and 11 persons were arrested by the police on the complaint of victim Mr. Avinash Deo. 8) The public meeting was a farce and muscle power was used against the poor villagers who were not allowed to speak. 9) The NOC from the Sarpanch of Village Pullai was obtained by paying a donation of Rs. One Lakh by the company. Adv. Tushar Mandlekar argued on behalf of the poor farmers that the Public Meeting was not held in accordance with the rules and norms prescribed by the Ministry of Environment New Delhi and the police FIR confirms that there was a ruckus at the meeting. He also said that the principles of natural justice were not followed and farmers were not allowed to raise their objections to the proposed mega power plant. Adv. Bhatt and Adv. S.P. Dharmadhikari (Senior Councils) argued for the company and said that the said First Information Report is of no use because the complainant Mr Deo has compromised with the company. The High Court did not agree with the arguments of the company and said that the record speaks that there was no normalcy at the meeting and police had to intervene. The Hon'ble High Court has upheld all the contentions of the farmers and held that the public hearing was indeed vitiated and the poor farmers were required to be heard. The Court has directed the Maharashtra Pollution Control Board to issue the fresh notice of the Public Hearing and conduct the same in accordance with the same. The Collector and Superintendent of Police were directed to personally supervise the new public hearing. The High Court has also held that the minutes of the public hearing would be sent to the Expert Appraisal Committee, who would consider the matter fresh and the Environment Clearance granted would be subject to the final decision of the Appraisal Committee. It is termed as one of the biggest judgment in the environment field as the poor farmers were granted "public Hearing" again and their "Right of Hearing" is allowed. The court has allowed the company to continue the work of the power plant on their "own risk" as the Environmetal Clearance would be reviewed by the Expert Apprissal Committee after getting the minutes of Fresh Public Hearing. Adv. Tushar Mandlekar and Adv. Vishwas Bagaddeo argued for the petitioners. Senior Advocates Shri Bhatt and Shri S.P. Dharmadhikari argued for the Lanco Company. Adv. Ravi Sanyal and Adv. Uikey argued for the Maharashtra Pollution Control Board. Adv. S. K. Mishra argued for the Ministry of Environment and Forest New Delhi. Adv. Nitin Sambre argued for the State Government.
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