NGT levies Rs 25 lakh fine on Tantransco for erecting transmission towers in Kosasthalaiyar river

CHENNAI: The southern bench of the National Green Tribunal (NGT) has imposed a penalty of Rs 25 lakh against the Tamil Nadu Transmission Corporation (Tantransco) for erecting transmission towers inside the Kosasthalaiyar river and violating CRZ (Coastal Regulation Zone) norms.

Pronouncing their judgement after hearing a petition filed by Kumaresan Sooluran, Justice Pushpa Satyanarayana and expert member Satyagopal Korlapati observed that the Tantransco erected transmission towers in deviation from the original locations identified, which were spilling into the prohibited CRZ area.

"Though they have made an application for ratification of the deviation made by them, for having violated without appropriate sanction, they are liable to pay a sum of Rs 25,00,000 as a penalty. The penalty is imposed even presuming that the ratification would be in favour of the Project Proponent (Tantransco). The penalty becomes payable for their act under the no-fault liability principle," the judgement added.

It may be noted that CRZ clearance was given for 124 overhead transmission towers for Ennore Thermal Power Station and North Chennai Thermal Power Station.

But the petitioner alleged that the transmission towers were constructed at locations entirely different from the locations permitted in the clearance and as a result, mangroves were damaged during the works. Moreover, he alleged that construction waste, which was dumped to create access roads, have not been removed. Also, while obtaining environmental clearance for the thermal power plants, no permission was sought for the transmission towers, he added.

It was also alleged that the works affected fishing grounds and impacted fishermen's livelihoods. The encroachment is also hindering the free movement of fishing boats and interrupting tidal flow, the petitioner added.

"Installation of a few pipes beneath the encroachment does nothing to aid the movement of boats or the natural flow of water," he pointed out.

During the hearing, the Tantransco admitted that there were some minor deviations in the locations of the transmission towers which had to be done due to technical necessity and stated that since the notification permits regularisation of the deviation, they have submitted an application before the Ministry of Environment, Forest and Climate Change in this regard.

The tribunal then directed the Tantransco to remit the penalty to the state forest department and instructed the latter to utilise the fund to increase the coverage of mangroves in the area.