The National Green Tribunal (NGT) has recently declared that the environmental clearance (EC) granted to the Kaleshwaram Lift Irrigation Project in Telangana was ex post facto, meaning it was granted after the completion of a substantial amount of work, therefore making it illegal.
About The Kaleshwaram Lift Irrigation Project
The Kaleshwaram Lift Irrigation Project is a multi-purpose irrigation project. Initiated in 2016, the project is on the Godavari River in Kaleshwaram, Bhupalpally, Telangana. It originally began as the Dr. B R Ambedkar Pranahita Chevella Sujala Sravanthi Project in erstwhile Andhra Pradesh. However, in 2014, it was revamped, extended, and renamed as the Kaleshwaram project in Telangana.
Issues Surrounding the Project
A petition filed in 2018 highlighted issues around the project. It stated that although the Kaleshwaram Project was being built as a lift irrigation system, the state government falsely claimed until the EC was granted that it was only for drinking water supply, not for lift irrigation. Further, substantial work on the project had already been completed before the granting of EC in December 2017. This made the clearance ex post facto and in violation of the Environmental Impact Assessment (EIA) Notification, 2006.
Changes in the Project
The project also underwent changes, with an increase in capacity and the inclusion of Mission Bhagiratha to provide drinking water to Hyderabad and rural parts of Telangana. Interestingly, the initial feasibility report submitted in January 2017 and the draft of the EIA report submitted in July 2017 did not mention the inclusion of Mission Bhagiratha. The feasibility of the adjusted project was never evaluated during the EC granting process.
NGT’s Observations and Directions
The NGT highlighted two primary legal issues with the project. Firstly, the Kaleshwaram Lift Irrigation Project operated without a mandatory previous environmental clearance under the EIA Notification 2006 until 2017. Secondly, it was alleged that the project contractor, L&T, cleared large forest areas to construct employee quarters without the necessary forest clearance under the Forest (Conservation) Act, 1980.
Action Taken by NGT
The NGT directed the Telangana government to stop all work, excluding the drinking water component, until it obtains the final forest clearance. Additionally, the MoEFCC has been asked to consider preventive measures for any potential future violations where an EC is sought ex post facto, particularly for multi-purpose projects. The tribunal also insisted on fixing the accountability of the responsible person and taking remedial actions.
The Role of the Expert Committee
The NGT has ordered the MoEFCC to form a seven-member expert committee to assess the damage caused by proceeding with the project without an EC, identify necessary restoration measures, and avoid a recurrence of such incidents. This committee must be constituted within a month and complete its tasks within six months.
Mission Bhagiratha
Mission Bhagiratha is a project aimed at providing safe drinking water to every village and urban household in Telangana State. It plans to deliver piped water to approximately 2.32 crore people across urban and rural areas. The project will supply clean drinking water sourced from the Godavari and Krishna rivers to all households in the state.