The case involves M/s IL&FS Tamil Nadu Power Company Limited filing appeals against the National Green Tribunal (NGT)’s orders, which directed the company to undertake certain additional submissions to address specific points before the Expert Appraisal Committee (EAC) for the establishment of a 3600 MW imported coal-based thermal power plant in Tamil Nadu. The EAC recommended the project for Environment Clearance (EC), subject to specific conditions, including providing a Flue Gas De-sulfurization system. The appellant received the EC, but the original petitioners challenged the corrigendum issued by the Ministry of Environment, Forest and Climate Change (MoEF). The appellant filed an appeal before the Supreme Court praying to keep open the question of law related to cumulative impact assessment study and appeal before the NGT against the corrigendum to the EC. The appellant requested permission to continue the power plants, which have been operational since 2015, as they have substantially complied with the conditions imposed.

“We dispose of the present appeals by permitting/allowing the
appellant/project proponent to continue with the power plants which are
in operation since September, 2015 and April, 2016 on the conditions as
above, i.e., subject to compliance of all the conditions mentioned in the
EC as well as additional conditions imposed vide corrigendum to the EC
dated 14.08.2012.”

M/s IL&FS Tamil Nadu Power Company Limited …Appellant
T. Muruganandam & Others
…Respondents decided by the Supreme Court on Feb.17, 2023.


Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.