The Supreme Court on Tuesday expressed strong disapproval towards the NGO “Kahar Samaj Panch Committee” for its opposition to a proposed renewable energy project at Maharashtra’s Jayakwadi Dam, an area declared as a bird sanctuary and an eco-sensitive zone. Justices Surya Kant and N Kotiswar Singh questioned the motives of the NGO, suggesting possible ulterior motives behind its actions.
The bench scrutinized the NGO’s credentials in environmental protection and raised suspicions about its funding sources. “Who has planted you and funded you? What is your past experience in environment protection?” Justice Kant inquired during the session.
The NGO had challenged a decision by the National Green Tribunal (NGT) on September 9, 2024, which dismissed its plea against the floating solar project proposed by THDC India Ltd., a subsidiary of the National Thermal Power Corporation (NTPC). The Supreme Court found no reason to overturn the NGT’s decision, affirming that the tribunal had “rightly appreciated the material.”
Addressing the NGO’s persistent litigation, Justice Singh remarked, “You are not allowing a single project to work. How will the country progress, if every project is opposed and resisted upon? Even with a solar power project, you have a problem.”
The court also suggested that the NGO’s opposition might be financially motivated by a competing company that lost the tender for the project. This claim by the bench paints the litigation as potentially frivolous and aimed at stalling the project.
Further, the Ministry of Environment, Forests and Climate Change had clarified their stance, referencing a 2017 notification promoting renewable energy activities, even within eco-sensitive zones, under controlled conditions.
The NGT’s Western Zone bench had previously noted the strategic importance of the Jayakwadi Dam, located on the Godavari River, and its role in supporting a significant reservoir used for drinking and agricultural purposes. Despite the ecological sensitivity, the tribunal found no legal grounds to prohibit the renewable energy initiative.
The NGO had argued that the floating solar panels could disrupt the aquatic ecosystem and harm the biodiversity, including affecting the bird sanctuary. However, the tribunal and the Supreme Court concluded that these concerns were addressed adequately in the project’s planning and regulatory approvals.
