In another case, the environment ministry used a loophole in its moratorium notification to clear a private port project in Maharashtra's Ratnagiri district. After having initially putting the project in abeyance in deference to the moratorium, the ministry hailed the venture to be "of national importance" while giving its approval.
While the second instance has not come in direct violation of the norms, the ministry maneuvered the case around the moratorium by citing the caveat it had inserted earlier in the freeze order. In its order in 2010, the ministry had said that projects of public interest like those of national importance, pollution control, defence and security are eligible for approval.
But in case of Korba thermal power plant, the NGT has found that the ministry and its expert appraisal committee cleared the project in blatant disregard to green norms.
The Tribunal noted that the ministry's expert committee had recorded the lack of rehabilitation and resettlement plans for the displaced and warned that it would lead to hardship for the affected population. Still the panel and the environment ministry cleared the project, couching their argument in "vague and slippery language".
The expert panel did not address the issues that had been raised by the affected lot during the mandatory public hearing. The people had raised concerns of pollution load, damage to groundwater and impact on farmland. The NGT noted that the ministry only dealt with these issues in a perfunctory manner, and didn't bother to address the genuine concerns.
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