NGT Clears Decks For Inland Waterway Project On Ganga River From Prayagraj to Haldia

The National Green Tribunal has cleared the decks for the inland waterway project on the stretch of the Ganga river between Prayagraj and Haldia which is also known as the National Waterway 1.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said there is no scope for this tribunal to consider the matter as far as this project is concerned as the Allahabad High Court has already decided the issue.

The Inland Waterways Authority told the tribunal that the High Court, in its April 28, 2016, order, allowed the project subject to receipt of all required statutory clearances.

"We find that as far as the present project is concerned, the Allahabad High Court order dated April 28, 2016, clinches the matter. In the face of the said order, there is no scope for this tribunal to consider the matter as far as this project is concerned," the NGT bench said.

The High Court has expressly referred to the issue of environmental clearance and allowed the project proponents to proceed with the project and get an environmental impact assessment conducted after commissioning of the project, it said.

"Any contra order by this tribunal will be improper. Even if the order of the High Court proceeded on the statement of counsel, the same has been operative for six years and this tribunal is not the forum to question the same.

"As already suggested, for future consideration, MoEF (Ministry of Environment, Forest and Climate Change) may study and clarify the matter for technical and governance clarity for inland waterways projects," the bench, also comprising Justice Sudhir Agarwal and expert member Prof. A Senthil Vel, said.

The NGT, however, said it would be open to an aggrieved party to take remedy against any violation of environmental norms in executing the project, in accordance with the law. 

It also noted that the Union Environment Ministry has failed to respond to its order to have the matter examined by experts. 

"Affidavit dated March 11, 2019, does not show consideration by any expert. Further, in view of the stand of the Ministry of Jal Shakti, the matter is to be dealt with by MoEF and not by MoJS (Ministry of Jal Shakti), as assumed in the last order.

"MoEF remains unrepresented. It needs to put its house in order by taking remedial action and fixing responsibility to avoid such lapses in failure," the bench said.

The Jal Marg Vikas Project is being implemented on the Prayagraj-Haldia stretch of National Waterway-1 with the technical assistance and investment support of the World Bank at an estimated cost of Rs 5,369.18 crore on a 50:50 sharing basis between the Government of India and the World Bank, according to the Shipping Ministry.

The tribunal was hearing a plea filed by Bharat Jhunjhunwala and others on whether environmental impact assessment is necessary for navigation infrastructure on the Ganga river in the stretch from Varanasi to Haldia undertaken by the Inland Waterways Authority of India.