IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2025 (DIARY NO. 57301 OF 2024)

KAHAR SAMAJ PANCH COMMITTEE APPELLANT(S)

VERSUS

THE THDC INDIA LTD. (FORMERLY TEHARI HYDRO DEVELOPMENT CORPORATION LTD) & ORS. RESPONDENT(S)

O R D E R

1. Delay condoned.

2. The appellant claims to be an NGO. It approached the National Green Tribunal (for short, the "Tribunal") alleging that the installation of a floating Solar Power Project on the Jaikwadi Dam, which is part of the Jaikwadi Bird Sanctuary and Eco-Sensitive Zone, would cause damage to the eco-system and to the sanctuary, which is home to 264 species of birds. It may be mentioned that the Godavari Marathwada Irrigation Development Corporation allotted 6 hectares of land for the erection of a pooling station to National Thermal Power Corporation Limited for the purpose of installing a floating solar project. Tenders were invited. No sooner the project was allotted, the appellant-NGO, approached the Tribunal, claiming that the project was likely to cause harm to the wildlife sanctuary.

3. The Tribunal directed the Secretary, Ministry of Environment and Forest as well as the Principal Chief Conservator of Forests to submit a report as to whether the project in question falls within the Eco-Sensitive Zone and whether the same is a permissible activity. In compliance thereto, counsel for the said Ministry Digitally signed by NITIN TALREJA Date: 2025.04.04 09:59:34 IST Reason: Signature Not Verified

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appeared and produced an e-mail dated 09.09.2024 along with a copy of the notification dated 12.07.2017. The attention of the Tribunal was drawn to clause 4 of the notification related to "PROHIBITED, REGULATED AND PROMOTED ACTIVITIES". These activities are then given in the table given below the aforesaid heading. It is not in dispute at serial no.35 thereof, under the head "C. Promoted Activities", "use of renewable energy and fuels", like "bio gas, solar light etc. to be actively promoted".

4. Relying upon that notification, the Tribunal has dismissed the Original Application.

5. We see no reason to interfere with the impugned judgment of the Tribunal, which is well-reasoned and based on correct appreciation of the law and the regulatory regime. The civil appeal is accordingly dismissed.

..........................J. (SURYA KANT)

..........................J. (NONGMEIKAPAM KOTISWAR SINGH)

NEW DELHI; APRIL 01, 2025

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 57301/2024

[Arising out of impugned judgment and order dated 09-09-2024 in OA No. 126/2024 (WZ) passed by the National Green Tribunal, Western Zone, Pune]

KAHAR SAMAJ PANCH COMMITTEE Petitioner(s)

VERSUS

THE THDC INDIA LTD. (FORMERLY TEHARI HYDRO DEVELOPMENT CORPORATION LTD) & ORS. Respondent(s)

(IA No. 75286/2025 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 75287/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 75288/2025 - STAY APPLICATION)

Date : 01-04-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) :Mr. Shreyas Gacche, Adv. Mr. T. R. B. Sivakumar, AOR

For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

The civil appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(NITIN TALREJA) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)

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