Due process and necessary requirements are not followed for the establishment of a

nuclear power plant.

The process for obtaining environmental clearance for a particular project is as follows :

 After the site selection an Environment Impact Assessment needs to be conducted

following apply for NOC ,
 a public hearing is mandatory which is arranged by State Pollution Control Board
(SPCB) ,
 Project proponent apply for the environmental clearance, submitting required
documents (EIA report , NOC from SPCB , etc to the MOEF.
 There is a review by Appraisal Committee and based on those recommendations the
Clearance can be granted or rejected .

The Terms of Reference (TOR) are to be given by the appraisal Committee( or by the proponent
in case the committee does not) , for Environmental Impact Assessment according to
Environmental Impact Assessment notification 2006 , according to the notification stage 2
‘scoping’1.

Since the EIA Notification, 1994 has now been superseded by EIA Notification,2006, all
project activities listed under the EIA Notification, 2006 shall require prior environment
clearance under the said Notification without linking it to the date of land acquisition, if the
project activity has not commenced at the site2.

Terms of Reference required as per Environmental Impact Assessment Notification, 2006

The terms of reference (TOR) given by the MOEF&CC to the project proposal was not
comprehensive in realation to the Environmental Impact Assessment Notification, 2006. As
per the notification the Expert Appraisal Committee should determine detailed and
comprehensive Terms of Reference (TOR) addressing all relevant environmental concerns for
the preparation of an Environment Impact Assessment (EIA) Report in respect of the project
or activity for which prior environmental clearance is sought. The notification stated that
whatever the relevant environmental concerns which may play role in preparing the EIA Report
should be included in the terms of reference. The TOR given by the MOEF&CC to the project

1
The four stages are Screening , scoping , public consultation and appraisal .
2
Invertis University vs Union Of India Ors, 2013 Indlaw NGT 6
proposal by the did not include certain aspects like assessment of seismicity, location of faults,
geology, metrology, biodiversity and marine ecology

Public Consultation required as per Environmental Impact Assessment Notification,

2006

Stage III of the Notification asks for public consultation. “Public Consultation” refers to the
process by which the concerns of local affected persons and others who have plausible stake in
the environmental impacts of the project or activity are ascertained with a view to taking into
account all the material concerns in the project or activity design as appropriate. Appendix IV
of the notification gives the procedure for conducting public hearing. But the public hearing
conducted by Ratnachal Pollution Control Board at Vanasthalam on the EIA report submitted
by NPCUL was marred by protests and police lathicharge and despite the dissent the The
Ministry of Environment, Forest and Climate Change (MOEF&CC) approved the project

No CRZ clearance is sought.

Vanasthalam is a village in the north coastal district of Periyapalem in the state of Ratnachal
Pradesh. Since the nuclear power plant is to be established here it requires a CRZ clearance
which he project proponent did not actually seek. Section 4 of the COASTAL REGULATION
ZONE NOTIFICATION MINISTRY OF ENVIRONMENT AND FORESTS talks about the
requirement of CRZ clearance. The plant if established will cause unfathomable amount of
damage to the coastal area. So without availing the CRZ clearance the establishment cannot be
done and doing so will be in contravention of the Coastal Regulatory Zone (CRZ) Notification,
2011.

Effective steps were not taken to implement the Disaster Management Act, 2005

As per 2(e) of the Disaster Management Act, "disaster management" means a continuous and
integrated process of planning, organising, coordinating and implementing measures which are
necessary or expedient for- (i) prevention of danger or threat of any disaster; (ii) mitigation or
reduction of risk of any disaster or its severity or consequences; (iii) capacity-building; (iv)
preparedness to deal with any disaster; (v) prompt response to any threatening disaster situation
or disaster; (vi) assessing the severity or magnitude of effects of any disaster; (vii) evacuation,
rescue and relief; (viii) rehabilitation and reconstruction;

The Central Government and Ministries or Departments of Government of India has to take
measures for the purpose of disaster management. The Central Government and Ministries or
Departments of Government of India has to ensure that necessary measures for preparedness
to promptly and effectively respond to any threatening disaster situation or disaster are taken.
But as it is stated the emergency planning zone has a total sum of 113 villages. Approximately
3500 people would be displaced from the project site and one lakh people live in the emergency
planning zone. The Central Government and Ministries or Departments of Government of India
has not taken any measures to make the hectic task of evacuating the residents in case of any
unforeseen emergency.