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FORM – 1 Application for Environmental Clearance For India-based Neutrino Observatory project By Tata Institute of Fundamental Research, Mumbai 400005

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Page 1: FORM 1 For Observatory project By Tata Institute ofenvironmentclearance.nic.in/writereaddata/online/... · Application for Environmental Clearance For India-based Neutrino Observatory

FORM – 1 Application for Environmental Clearance

For

India-based Neutrino Observatory project

By

Tata Institute of

Fundamental Research, Mumbai 400005

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I. Basic Information

FORM 1

S.No. Item Details

1. Name of the project India-based Neutrino Observatory (INO)

2. S.No. in the Schedule 8a

3. Proposed capacity/ area/ length/ tonnage to be handled/command area

/lease area/number of wells to be drilled

Underground facility: 20,552 sq.m.

(laboratory caverns and tunnels)

Overground facility: 10762 sq.m.

(Utility Building, Administrative building, Surface

laboratory, Detector Assembly area, Guest House/Hostel

and housing up to 1+2 floors.

During construction about 52,000 tons of material

(mainly steel plates) and about 600,000 tons of tunnel

debris will be handled.

There is no command area, there is no drilling of wells.

There is no lease area. The plot is Poramboke land given

by the Tamil Nadu Govt.

4. New/Expansion/

Modernization

New

5. Existing capacity/ Area Not applicable as it is a new project

6. Category of Project i.e. ‘A’ or ‘B’

B as per GC

7. Does it attract the general conditions? If yes, please specify.

No [as per S.O. 3252(E) dated 22nd December 2014]. The

application was forwarded by TN SEIAA to MoEF at Delhi

due to its unique nature.

8. Does it attract the specific condition? If yes, please specify.

No

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S.No. Item Details

9. Location

Plot/survey /Khasra No.

Survey No. 4/1

Village Pottipuram Panchayat

Tehsil Uthamapalayam Taluk

District Theni

State Tamil Nadu

10. Nearest railway station /

airport with distance in

km.

Bodi Naickanur – 20 km

Madurai - 110 km

11. Nearest Town, city,

District Headquarters

along with distance in

km

Bodi Naickanur – 20 km

Madurai - 110 km

Theni - 35 km

12. Village Panchayat, Zilla Parishad, Municipal Corporation, Local body (complete postal address with telephone nos. to be given)

Pottipuram village, Uthamapalayam Taluk, Theni District,

PIN code: 625530

Tel. 94546229498

13. Name of Applicant Prof. V.M. Datar, Project Director INO

14. Registered Address INO Cell,

Tata Institute of Fundamental Research,

1 Homi Bhabha Road, Mumbai-400005

15. Address for

correspondence : Name,

Designation, Address,

Pincode, E-mail; Telephone No., Fax No.

Prof. V.M. Datar

Project Director INO and Senior Professor INO Cell,

Tata Institute of Fundamental Research,

1 Homi Bhabha Road, Mumbai-400005

Email: [email protected]

Phone: 022-22782715; (Mob) 09969264397

FAX No.: 022-22804610 / 4611

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S.No. Item Details

16. Details of Alternate Sites examined, if any. Location of these sites should be shown on a toposheet

The project was originally proposed in Singara, Nilgiris,

TN as recommended by the Site Selection Committee

constituted by the Dept. of Atomic Energy after the study

of 3 sites at the national level, based on detailed site

selection criteria. Consequent to conversion of the nearby

WLS to Tiger Sanctuary in 2008, clearance under the

Forest Conservation Act was not forthcoming for the

Singara site. The present site was chosen after evaluating 2

other sites in Suruliyar and Kottagudi, respectively, based

on minimal ecological disturbance.

17. Interlinked Project None

18. Whether separate application of interlinked project has been submitted?

N.A

19. If yes, date of submission

N.A.

20.

If no, reason

N.A.

21. Whether the proposal

involves approval/

clearance under : If yes,

details of

the same and their status to be given

a. Forest (Conservation)

Act, 1980

b. The Wildlife

(Protection) Act, 1972

c. The CRZ

Notification, 1991

MoEF approval-Stage 1 under Section ‘2’ Forest

Conservation Act given vide letter no. 4-TNC729/2010-

BAN/8111 dated 27/29 October 2010

Yes

No

22. Whether there is any

Government Order/

Policy relevant/ relating

to the site?

No

23. Forest land involved

(hectares)

4.62 ha (notional). No overground intrusion/ construction/

occupation of forest land. Caverns and tunnels be will be

deep underground.

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S.No. Item D

e

t

a

i

l

s

24. Whether there is any litigation pending against the project and /or land in which the project is propose to be set up?

a. Name of the Court

b. Case No.

c. Orders/directions of

the Court, if any and its relevance

with the proposed project

1.Yes, a PIL filed by Shri Vaiko in Feb

2015

(a) Madurai bench of the Madras High

Court

(b) W.P.(MD).No.733 of 2015

(c) Interim orders have been passed that

"restrains INO from commencement of any

research work without PCB clearance"

2. (a,b) Appeal No.6 of 2015 filed by Shri

G. Sundarrajan before NGT (SZ) at

Chennai.

(c) As per the orders passed by the NGT

(March 2017), the Environmental

Clearance given by the MoEF&CC, Govt

of India, has been held in abeyance and

INO has been asked to obtain clearance

from the National Board for Wild Life and

apply for fresh environmental clearance

with the MoEF&CC. (Both orders are

attached)

II. Activity

1. Construction, operation or decommissioning of the Project involving actions which will

cause physical changes in the locality (topography, land use, changes in water bodies,

etc.)

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

1.1 Permanent or temporary change

in land use, land cover or

topography including increase in

intensity of land use (with

respect to local land use plan)

Yes As INO is an underground project with

vertical and radial rock cover of more than

1000m, the surface land will not undergo

any change. However about 23ha of Govt.

Poramboke land in Pottipuram village,

Uthamapalayam Taluk, Theni District, will

be alienated by the project proponent and

used for the overground facilities of INO,

including roads, landscaping etc.

1.2 Clearance of existing

land, vegetation and buildings?

No The dry poramboke land, identified (Sr. No.

4/1) at Pottipuram village, does not have

any buildings or thick vegetation.

1.3 Creation of new land uses? Yes As in clause 1.1 above

1.4 Pre-construction investigation e.g.

bore houses, soil testing?

Yes Yes. Completed.

1.5 Construction works? Yes Total civil construction cost Rs. 300 cr.

including all services.

1.6 Demolition works? No

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No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

1.7 Temporary sites used for construction works or housing of construction workers? Yes Temporary housing for construction workers will

be provided within the project premises. (26.82.5

ha in Survey No. 4/1). These will be demolished

on completion of construction.

1.8 Above ground buildings,

structure or earthwork

including linear structure,

cut & fill or excavation?

Yes About 10,762 sq.m.

1.9 Underground works

including

mining or tunneling?

Yes Underground laboratory caverns and tunnels

plinth area: 20,552 sq.m.

1.10 Reclamation works? No

1.11 Dredging? No

1.12 Offshore structure? No

1.13 Production and

manufacturing processes?

No

1.14 Facilities for storage of goods

materials?

No Temporary stockyard for construction material

(mainly steel plates and detectors), which will be

dismantled/reused after erection works, will be

provided. During operation phase only spares and

consumables for the laboratory will be stored. A

temporary muck yard will hold the tunnel/cavern

rock debris until disposal.

1.15 Facilities for treatment

or disposal of solid waste

or liquid effluents?

Yes Sewage effluent from 20 residential quarters+ 40

bed guest house cum hostel + Administrative

building cum surface lab will be treated before

disposal well away from the water sources.

1.16 Facilities for long term

housing of operational

workers?

Yes About 20 families will reside at project site for

the operation of INO. A 40 bed guest house cum

hostel will be provided for visiting scientists and

students.

1.17 New road, rail or sea traffic

during construction or

operation?

Yes About 1 km of internal roads will be built within

the INO site, about 2km of cart track will be

converted into a wide good road, about 7km of

existing village roads will be strengthened/

modified and a 1km new bypass road will be built

around Rasingapuram village, to avoid material

movement through the congested and narrow

village road.

1.18 New road, rail, air, water-

borne or other transport

infrastructure including new

or altered routes and stations,

ports, airports etc.?

No

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S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

1.19 Closure or diversion of existing

transport routes or infrastructure

leading to changes in traffic

movements?

No

1.20 New or diverted transmission

lines or pipelines?

Yes Waterline has been laid by TWAD Board

from Mullaperiyar river to project site to

meet INO water requirements (340KLD

when fully operational with 100,000ton

ICAL detectors). 110KV double circuit line

will be tapped from Periyar-Theni

transmission line.

1.21 Impoundment, damming,

culverting, realignment or other

changes to the hydrology or

watercourses or aquifers?

No

1.22 Stream crossings? Yes At entrance to INO site. 7.5m wide box

culvert is being built across the stream and

embankments strengthened.

1.23 Abstraction or transfers of water

from ground or surface waters?

Yes About 340KLD water required will be

pumped from Mullaperiyar river.

1.24 Changes in water bodies or the

land s u r fa c e affecting drainage

or run off?

No

1.25 Transport of personnel

or material for construction,

operation or decommissioning?

Yes Construction materials and equipment will be

transported by rail to the nearest rail head i.e.

Madurai, Kodai Road, Dindigul or Bodi (on

conversion to broad gauge) and by road from

there to project site.

52000 tons of equipment, mainly steel plates

for the ICAL detector, will be transported

towards the end of the construction phase. (A

second ICAL detector of similar size may be

installed in the future).

About 50 personnel from nearby

villages/towns will be working at the site

during the construction phase and about 20

personnel will work during the operations

phase.

1.26 Long term dismantling or

decommissioning or restoration works?

No

1.27 Ongoing activity during

decommissioning which could

have an impact on environment?

No

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S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

1.28 Influx of people to an area in either temporarily or

permanently?

Yes About 40 skilled labour, about 20 staff and

their families may come and stay during construction phase. Unskilled labour will be

drawn from local population. During operation phase about 20 families will

permanently reside at the INO project site.

1.29 Introduction of alien species? No

1.30 Loss of native species or genetic

diversity?

No

1.31 Any other actions? No

2 Use of Natural resources for construction or operation of the Project (such as land,

water, materials or energy, especially any resources which are non renewable or in short

supply):

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

2.1 Land especially undeveloped or

agricultural land (ha)

Yes About 26.82.5 ha of dry Poramboke land will

be used for the project.

2.2 Water (expected source &

competing users) unit: KLD

Yes Water requirement for 50,000 ton magnet is

180KLD, but pumping and storage is

designed to cater 100,000 ton magnet, which

is about 340KLD that may happen after 10

years of operation. Water will be drawn from

Mullaperiyar river using the facility installed

by TWAD Board.

2.3 Minerals (MT) No

2.4 Construction material – stone

aggregates, and/soil (expected

sources-MT)

Yes Excavated tunnel material will be used in

construction. Use of river sand will be

minimized by suitable concrete mix desired

using crusher sand from tunnel excavation.

Required river sand will be transported from

nearby licensed sand quarries by the

contractor(s).

2.5 Forest and timber

(source – MT)

No

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3. Use, storage, transport, handling or production of substances or materials, which could

be harmful to human health or the environment or raise concerns about actual or

perceived risks to human health.

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

3.1 Use of substances or materials,

which are hazardous (as per

MSIHC rules) to human health or the environment (flora, fauna,

and water supplies)

No The RPC detector uses a gas mixture of about

95.5% Freon (R134a), 4.2% isobutene and

0.3% SF6. The total gas inventory for ICAL

detector is about 200 m3. The gas mixture will

be recycled using a closed loop gas system. If

required to be replaced the gas will be diluted

with fresh air before release into the

atmosphere. The gas mixture is not hazardous.

3.2 Changes in occurrence of

disease or affect disease vectors

(e.g. insects or water borne diseases)

No

3.3 Affect the welfare of people e.g.

by changing living conditions?

No

3.4 Vulnerable groups of people

who could be affected by the

project e.g. hospital patients,

children, the elderly etc.

No

3.5 Any other causes No

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

2.6 Energy including electricity and

fuels (source, competing users)

units: fuel (MT), energy (MW)

Yes 3 MW of power will be drawn through the

110 KV double circuit line tapped from the

Periyar-Theni transmission line. About 45

tons of fuel may be required during

construction phase. This will be obtained

from dealers in Theni District.

2.7 Any other natural resources

(use appropriate standard units)

No

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4. Production of solid wastes during construction or operation or decommissioning

(MT/months)

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

4.1 Spoil, overburden or mine

wastes

Yes About 2.3 Lakh cu.m. of muck comprising

mainly of high quality granite boulders and

debris, will be generated during tunnelling.

About 10 % will be used for INO project works

(buildings, tunnel and cavern lining and road).

The balance will be moved out for construction

works elsewhere as soon as possible.

4.2 Municipal waste (domestic and

or commercial wastes)

No

4.3 Hazardous wastes (as per

Hazardous Waste Management

Rules)

No

4.4 Other industrial process wastes No

4.5 Surplus product No

4.6 Sewage sludge or other sludge

from effluent treatment

Yes Sewage sludge will be disposed once a year

through municipal disposal lorries.

4.7 Construction or demolition

wastes

Yes Tunnel muck and small quantities of other

waste will be stacked in the proposed muck-

yard till eventual disposal. The muck dump

will be protected by retaining walls from run

off/slippage. Wind screens will be provided

over the retaining walls to minimize dispersal

of rock dust by wind. Dust from blasting will

be controlled by connecting dust filters/

precipitators to the exhaust stream of forced

ventilation.

4.8 Redundant machinery or

equipment

No

4.9 Contaminated soil or other

materials

No

4.10 Agricultural wastes No

4.11 Other solid wastes No

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5. Release or pollutants or any hazardous, toxic or noxious substance to air (Kg/hr)

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

5.1 Emissions from combustion of

fossil fuels from stationary or

mobile sources

Yes During civil construction phase, lasting for

about 4 years, emission from about 50

sources including earthmoving machinery,

material handling & transport vehicles and

light vehicles.

5.2 Emission from production

processes.

No

5.3 Emission from materials

handling including storage or

transport.

Yes During civil construction phase, lasting for

about 4 years, emission from about 50

sources including earthmoving machinery,

material handling & transport vehicles and light vehicles.

5.4

Emissions from construction

activities including plant and

equipment.

Yes During civil construction phase, lasting for

about 4 years, emission from about 50

sources including earthmoving machinery,

material handling & transport vehicles and

light vehicles.

5.5 Dust or odours from handling of

materials including construction

materials, sewage and waste

No There will be dust from blasting for under

ground tunnels/caverns. This will be

controlled by connecting dust filters or

precipitators to the exhaust stream of forced

ventilation. Dust impact from transportation

of tunnel muck to the dump yard, within 500

mtrs from tunnel entry portal, will be reduced

by water spraying, use of covered vehicles

and erection of wind screens around muck

dump.

No odour causing materials are used. Sewage

will be treated to avoid odour.

5.6 Emissions from incineration of

waste

Yes Negligible as the combustible waste

from residential quarters will be low.

5.7 Emissions from burning of waste

in open air (e.g. slash materials,

construction debris)

No

5.8 Emissions from any other

sources

No

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6. Generation of Noise and Vibration and Emissions of Light and Heat :

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

6.1 From operation of equipment e.g.

engines, ventilation plant,

crushers

Yes AC chillers, Blowers, air compressor and 2

Nos. 500 KVA silent DG will be located in

the Utility building, just outside the tunnel

portal. Noise and vibration will be controlled.

No emission of light and heat.

6.2 From industrial or similar process No

6.3 From construction or demolition Yes In the initial phase, in the cut and cover

reach, there will be noise & vibration from

construction equipment. Thereafter, they will

be confined within the tunnel.

6.4 From blasting or piling Yes For the first 300m of tunnel, sand bags and

low intensity blast design will control the

noise and vibration. Beyond the initial 300m, no

significant noise/vibration are expected, as the

work area will be deep underground.

6.5 From construction or operational

traffic Yes It will be mostly confined within the project

site, at the tunnel portal, and may not have

much impact.

6.6 From lighting or cooling systems No The impact of the cooling equipment like

chiller , blower etc., which are housed in the

Utility Building will be reduced by proper

choice of systems and isolation. High

intensity light sources are not used. Only

normal building and area lighting.

6.7 From any other sources No

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7. Risks of contamination of land or water from releases of pollutants into the

ground or into sewers, surface waters, coastal waters or the sea:

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

7.1 From handling, storage, use

or spillage of hazardous materials

No

7.2 From discharge of sewage or

other effluents to water or land

(expected mode and place of

discharge)

No

7.3 By deposition of pollutants emitted to air into the land or into

water

No

7.4 From any other sources No

7.5 Is there a risk of long term

buildup of pollutants in the

environment from these sources?

No

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8. Risk of accidents during construction or operation of the Project, which could

affect human health or the environment

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate

quantities/rates, wherever possible) with

source of information data

8.1 From explosions, spillage, fires

etc from storage, handling use or

production or hazardous

substance

Yes Possible from explosion during blasting for

the construction of underground tunnels and

caverns. All safety and regulatory measures

will be ensured strictly during charging the

explosives, blasting and removal of muck.

8.2 From any other causes No

8.3 Could the project be affected by

natural disasters causing

environmental damage (e.g.

floods earthquakes, landslides,

cloudburst etc.?)

No Laboratory is underground, with more than

1000 m rock cover vertically and radially,

under very solid rock and hence are

structurally / seismically safe. All the over-

ground structures will be designed for

seismic forces appropriate to Seismic Zone 3,

although the site is located in zone 2.

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9. Factors which should be considered (such as consequential development) which

could lead to environmental effects or the potential for cumulative impacts with

other existing or planned activities in the locality

S.No. Information/Checklist

Confirmation

Yes/No Details thereof (with approximate quantities/rates, wherever possible) with source of information data

9.1 Lead to development of

supporting, facilities, ancillary

development or development

stimulated by the project which

could have impact on the

environment e.g. • Supporting infrastructure (roads, power supply, waste or waste water treatment, etc.)

• Housing development

• Extractive industries

• Other

No About 1000m of new internal roads will be built within the INO site. About 2km of mud cart track, up to site, will be converted to 10m wide good road. About 7km of existing village roads will be strengthened/modified. A new bypass road (about 1 km) will be built at Rasingapuram village, to avoid material movement through the congested and narrow village road. INO with limited residential manpower is unlikely to induce collateral development with potential for adverse environmental impact

9.2 Lead to after-use of the site,

which could have an impact on

the environment

No The site will not be available for any other

activity.

9.3 Set a precedent for later

developments

No The India-based Neutrino Observatory (INO) will be unique of its kind in the country and will be among a few in the world for

Neutrino Physics research. Cannot be a precedent for future developments at the site.

9.4 Have cumulative effects due to

proximity to other existing or

planned projects with similar effects

No There are no projects planned or under

execution in the proximity of proposed INO

site at Pottipuram village.

III. Environmental Sensitivity

S.No Areas Name/

Identity

Aerial distance (Within 15 km.)

Proposed project location boundary

1. Areas protected under

international conventions, national or

local legislation for their ecological,

landscape, cultural or other related

value

No

2. Areas which are important or

sensitive for ecological reasons-

Wetlands, watercourses or other water

bodies, coastal zone, biospheres,

mountains, forests.

No Mathikettan Shola National Park in

Kerala about 5km distance from INO

site. However the INO caverns and

tunnels will be deep underground in the

Bodi West Hill RF and will not affect

the forest. mountain over-ground.

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S.No Areas Name/

Identity

Aerial distance (Within 15 km.)

Proposed project location boundary

3. Areas used by protected important

or sensitive species of flora or fauna for

breeding, nesting foraging, resting, over

wintering, migration

No

4. Inland, coastal, marine or

underground waters

No

5. State, National boundaries Yes Kerala state boundary is more than

2km away from the INO tunnel portal.

As the caverns are over 1250m below

the ground there will not be any

impact on the boundary.

6. Routes or facilities used by the

public for access to recreation or

other tourists, pilgrim areas

No

7. Defence installation No

8. Densely populated or built-up area No

9. Areas occupied by sensitive man-

made land uses (hospitals, schools

places of worship, community

facilities)

No There is a small temple about 2km

away from the INO site. INO will not

disturb the temple in any way.

10. Areas containing important, high

quality or scarce resources

No

11. Areas already subjected to

pollution or environmental damage.

(those where existing legal

environmental standards are exceeded)

No

12. Area susceptible to natural hazard,

which could cause the project to present

environmental problems. (Earthquakes,

Subsidence, No landslides, erosion,

flooding or extreme or adverse

climatic conditions)

No

IV. Proposed Terms of Reference for EIA studies Not Applicable

a. Introduction

b. Project Description

- Site & Salient Features

- Land Requirement

- Process/Technology Details

c. Air and Noise Quality

a. Air and Noise Quality

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BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Appeal No.6 of 2015 (SZ)

In the matter of

G.Sundarrajan 106/2, First Floor, Kanaga Durga Complex Gangai Amman Koil Street, Vadapalani, Chennai 600026 ...... Appellant Vs. 1. Union of India, Rep. by the Secretary, Ministry of Environment, Forest and Climate Change, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi 110003 2. State of Tamil Nadu Rep. by the Secretary to Government, Department of Environment and Forests, Secretariat, Chennai 600009 3. The Member Secretary, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai 600032 4. The Member Secretary, State Level Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai 600015 5. The Institute of Mathematical Science Rep. by the Chairman, Governing Board (IMS) C.I.T. Campus, Taramani, Chennai 600113 Counsel appearing for the applicants M/s.M.Radhakrishnan, P.Sundararajan And M.Vetri Selvan Counsel appearing for the respondents Mr.M.R.Gokul Krishnan for R1 & R4 Mr.M.K.Subramanian, E.Manoharan And P.Velmani for R2 Mrs.H.Yasmeen Ali for R3 Mr.G.R.Swaminathan for R5

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O R D E R Present Hon’ble Shri Justice Dr.P.Jyothimani, Judicial Member Hon’ble Shri P.S.Rao, Expert Member - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -

20th March, 2017 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The appeal is directed against the Environmental Clearance (EC) granted to the 5th

respondent – project proponent by MoEF & CC dated 1.6.2011 for the construction of

India-based Neutrino Observatory Project at Bodi West Hills, Pottipuram Village, Theni

District.

Eventhough various grounds are raised for the purpose of challenging the impugned

EC, during the course of arguments Mr. M. Radhakrishnan, learned counsel appearing

for the appellant has brought to the notice of this Tribunal that Mathikettan Shola National

Park in Idukki District, Kerala is situated within 4.9 Km from the site for which EC was

granted. As per the General Conditions attached to EIA Notification, 2006 in cases

where the project is located in whole or in part within 10 Km from the boundary of (i)

Protected Areas notified under the Wild Life (Protection) Act, 1972 (ii) Critically Polluted

Areas, as identified by the Central Pollution Control Board from time to time (iii) Eco

Sensitive Areas as notified under Sub Section (2) of Section 3 of the Environment

(Protection) Act, 1986 and (iv) Inter-State boundaries and International boundaries even

if the project or activity is covered under Category – B, such project or activity is directed

to be treated as Category – A. The 10 Km limit has been subsequently reduced to 5 Km

by an amendment dated 25th June, 2014 carried out to the EIA Notification, 2006. The

document produced before this Tribunal by Mr.Radhakrishnan also shows that the

distance is 4.9 Km and in such view of the matter, not only the project in question should

be treated as Category –A project but also clearance under the Wild Life (Protection) Act,

1972 is to be obtained from the National Board for Wild Life. Admittedly, such permission

has not been obtained on the facts of this case.

In view of the same, we are of the considered view that without going into any

other aspect which are raised in this appeal, the matter must be resolved so as to enable

the project proponent to make a fresh proposal in appropriate form under EIA

Notification, 2006 to enable the statutory authorities to consider such proposal in

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accordance with law. This is with the consent of both the counsel appearing for the

appellant as well as the respondent – Mr. G..R. Swaminathan, Assistant Solicitor General

appearing for the project proponent.

Accordingly, the impugned EC is kept in abeyance so as to enable the 5th

respondent project proponent or any other legal person to make proper application in

Form – I or in any other manner known to law. If such application is made, it is for the

Regulatory Authority to consider the same on merits and in accordance with law as

expeditiously as possible. While keeping the impugned EC in abeyance, we make it

clear that the transfer of land already made in the name of the project proponent should

not be affected and the same will be subject to the final outcome or any order which may

be passed by the Regulatory Authority in the manner known to law. However, the status

quo which is in existence as on today, shall be maintained till final orders are passed by

the Regulatory Authority and the other issues raised in the appeal are left open.

With the above direction, the appeal stands disposed of. There shall be no order as

to cost.

Justice Dr.P.Jyothimani Judicial Member Shri P.S.Rao Expert Member

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TCLP-Leachate studies on rock samples

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Theni District-Details

Topo Sketch

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