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SC nixes retrospective green nods, but loophole still open
SC nixes retrospective green nods, but loophole still open

Hindustan Times

time2 days ago

  • Politics
  • Hindustan Times

SC nixes retrospective green nods, but loophole still open

The Supreme Court on May 16, in the Vanashakti Vs Union of India case, struck down two of the Union government's office memoranda (OMs) and a notification that allowed retrospective environmental clearances to projects that began construction without prior approval -- but experts point out that retrospective forest clearances (which are very common) do almost the same damage. For example, the minutes of the latest Forest Advisory Committee meeting, held on April 15, available on Parivesh website, has several cases of ex post facto forest clearances considered by the Committee. These include: ex post facto clearance for regularisation of diversion of 11.562 ha of forest land for establishment of Integrated Steel Plant in Odisha; a similar clearance for diversion of 0.8935 ha reserved forest land for construction of a substation and electrification of 33 KV transmission line through Melghat Tiger Reserve; and approval for diversion of forest land for setting up of mobile towers in parts of Kashmir. FAC has provisions to penalise the violators who seek ex post facto clearance. For example, in the case of the steel plant in Odisha in which construction on the embankment and construction of a boundary wall had already taken place, FAC imposed a penalty for violation which is equal to net present value (NPV) of forest land per hectare for each year of violation from the date of actual diversion as reported by the inspecting officer with maximum up to five (5) times the NPV plus 12% simple interest from the date of raising of such demand till the deposit is made. NPV is the valuation or cost of forests diverted determined based on ecological role and value of forests which is graded based on quality and type of forests. The project proponent shall maintain/develop the green belts within the project area(wherever feasible) in consultation with the state forest department, the minutes dated April 16 added. HT reported on January 6 that FAC has granted post-facto approval for a Commando Battalion Camp in Assam's protected forest area, while simultaneously levying a penalty for violations of forest conservation laws. The approval pertained to the diversion of 26.1 hectares within the Geleky Reserved Forest, along the volatile Assam-Nagaland border in Sivasagar forest division and diversion of 11.5 ha of forest land in favour of Assam Police Housing Corporation for establishment of a second Commando Battalion Camp at Damchera. The case has a controversial history. Hindustan Times first reported on April 25 that MK Yadava, then Assam's Principal Chief Conservator of Forests (now special secretary, forests, Assam) approved these two major forest diversions for police installations without prior forest clearance. 'Such regularisations stem from a 2018 guideline issued to states and UTs on activities which constitute violations of provisions of Forest Conservation Act 1980 and rules made thereof regarding common guideline to be followed by FAC/regional committees while considering such violations. The 2018 guideline laid down a graded approach depending on the violations. But the question is whether penalties prescribed or directed by Centre are a deterrent or not. Considering the number of such instances, it does not seem so,' said a legal expert who did not wish to be named. The Handbook on Consolidated Guidelines and Clarifications issued under Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 also has details of how ex post facto forest clearances should be dealt with. 'Proposals seeking ex-post-facto approval of the Central Government under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 are normally not to be entertained. The Central Government will not accord approval under the Act unless under exceptional circumstances that may justify the case,' it states. In case of public utility projects of the government, the penalty s is 20 % of the general NPV penalty. State government will initiate disciplinary action against the official concerned for not being able to prevent use of forest land for non-forestry purpose without prior approval of Centre etc, the 2018 guidelines state. 'But it is important to remember that the Forest Conservation Act 1980 only allows prior forest clearance. There is no provision for ex post facto clearances. Only the guidelines make way for it. But, once a forest area is cleared and a project has started construction, the damage is already done,' he added. On May 21, Debadityo Sinha, Managing Trustee, Vindhyan Ecology & Natural History Foundation, also a legal researcher sent a representation to union environment ministry about an Office Memorandum dated March 29, 2022 (not covered by Vanashakti judgement) which allows for fencing of the project site by boundary wall using civil construction, barbed wire or precast/ prefabricated components ; construction of temporary sheds using pre-fabricated / modular structure, for site office/guards and storing material and machinery ; and provision of temporary electricity and water supply for site office/guards only. Sinha has said the 2022 OM is inconsistent with the EIA (Environmental Impact Assessment) Notification, 2006 and the Environment (Protection) Act, 1986, and with the recent judgment of the Supreme Court in the Vanashakti Vs Union of India case dated May 16. 'It is important to note that permitting these construction activities—whether permanent or temporary—without an environmental clearance (EC) leads to a change in land use and alters the physical and ecological conditions of the site, before any EIA studies have been conducted,' Sinha wrote to MoEFCC. Provisions of ex post facto clearances are however extremely important to the industry. Office bearers of Federation of Indian Mineral Industries expect the government to seek a review of the Supreme Court's judgement. 'We feel the government should file a review petition on the judgement. This is because the judgement will impact small mines and livelihoods of people in tribal areas,' said BK Bhatia, director general, Federation of Indian Mineral Industries (FIMI). The Union environment ministry did not respond to a query on the court's judgment and whether there will be curbs on retrospective forest clearances. But, on May 26, the government issued an office memorandum stating, 'The Hon'ble Supreme Court, vide its judgment dated 16.05.2025, in W.P. 1394/2023 titled Vanashakti vs. Union of India and connected struck down the above mentioned Notification S.O. 804(E) dated 14/03/2017 and SoP dated 07/07/2021. The copy of the order which is self-explanatory is enclosed herewith for compliance.'

Forest panel to consider nod to new nuclear plant in Rajasthan
Forest panel to consider nod to new nuclear plant in Rajasthan

Time of India

time6 days ago

  • Business
  • Time of India

Forest panel to consider nod to new nuclear plant in Rajasthan

As India revs up on nuclear power and mulls easing of regulatory rulebooks, paths and clearances are being expedited for several ambitious projects, the latest being the 2800 MWe Mahi-Banswara Nuclear Power Plant (NPP) in Rajasthan. Accorded the critical 'siting consent' by the Atomic Energy Regulatory Board (AERB) on May 9-approval of the site's suitability to house an NPP -- the ambitious project is coming up for forest clearance this week at the Union environment ministry. The project has been planned for over a decade with notification for the acquisition of land for the NPP issued on September 3, 2012 in the Rajasthan Government Gazette. Things, however, are now picking up pace. The clock, in fact, is ticking for the project envisaged to be commissioned by May 2030. It is gathered that NPCIL has moved the Forest Advisory Committee (FAC) seeking permission for significant land use changes for the plant. While earlier it was to use 27 hectares of the total 100-hectare forest land for critical power plant related infrastructure such as the Operating Island and pipeline corridors and leave the rest as green cover, new assessments require it to utilise over 45 hectares of forest land for vital infrastructure. Accordingly, FAC's approval has been sought to approve the land re-diversion. ET gathers it will come up for consideration at the May 26 FAC meeting, barely six months after the proposal was moved. The 2,800 MWe NPP will consist of four units of Indigenous Pressurised Heavy Water Reactors (PHWRs) of 700 MWe capacity each, abbreviated as MBRAPP -1 to 4. They are to come up over 660 hectares of land upstream of the Mahi-Bajajsagar reservoir. Forest land apart, it includes private and government land-land acquisition across some rural segments has been challenging. The proposed 700 MWe PHWR reactors are indigenous and are similar to the ones currently under construction in Gujarat (KAPP-3 & 4) and in Rajasthan (RAPP-7 & 8). The estimated tariff from the project is expected to be comparable and competitive with the contemporary thermal stations in the northern region. The project is significant as it will be one of the first to be executed through ASHVINI -- a Joint venture company between PSUs-NTPC and Nuclear Power Corporation of India (NPCIL) -- incorporated for setting up and scaling up nuclear power projects in the country through pooling of resources and expertise. This was enabled through an amendment in the definition of the Government Company under Atomic Energy (Amendment) Act, 2015. Earlier, NPCIL was the sole executor of all NPPs in India. In September 2024, the MBRAPP 4X700 MW was transferred from NPCIL to ASHVINI. MBRAPP is also significant as it is part of the 'fleet mode reactor program', a key national mission to set up a series of indigenous nuclear power plants within 4-5 years to meet growing energy needs through 'cleaner' fuel as compared to thermal projects, in view of India's climate action commitments at global fora.

Glitch-hit NVS-02 can provide services only for 2-3 hours per day
Glitch-hit NVS-02 can provide services only for 2-3 hours per day

Time of India

time21-05-2025

  • Science
  • Time of India

Glitch-hit NVS-02 can provide services only for 2-3 hours per day

BENGALURU: Even as the failure analysis committee (FAC) set up to look into the May 18 PSLV failure prepares for its first formal meeting, details about the defective valve that affected India's NV-02 navigation satellite , launched on Jan 29, have emerged, confirming that the satellite is only partially operational. Tired of too many ads? go ad free now In an official response to queries under right to information, has conceded that NVS-02's current orbital parameters — approximately 190km perigee (closest point to Earth) and 37,000km apogee (farthest point to Earth) — allow for only a few hours of usable Positioning, Navigation and Timing (PNT) service daily. 'At present, with the given orbital parameters of NVS-02, it is estimated to provide PNT service for an average duration of 2 to 3 hours per day. But this calls for user receiver modifications and firmware updates. Technical feasibility of the same is being worked out,' Isro's response reads. Isro's GSLV-F15 that lifted off with the NVS-02 at 6.23am on Jan 29 had placed the satellite which is part of India's NavIC constellation, in a geosynchronous transfer orbit (GTO) around 19 minutes later. Just a few hours later, Isro had detected a glitch in the valve that was to supply oxidiser to the liquid apogee motor (LAM). No exact reason Without oxidiser, Isro was unable to fire LAM, perform orbit corrections and take the satellite to the intended final orbit. The exact reason for the failure could not be ascertained, the response reads, noting that no single point failure was responsible. Test results confirmed that the issue was not related to power disconnection. Despite the reduced service window, Isro maintains that the accuracy of the PNT signal from NVS-02 will be 'usable'. Tired of too many ads? go ad free now The NVS-02, part of India's NavIC constellation, carries one indigenous Rubdium Frequency Standard (RAFS) and three foreign RAFS, which serve as timing sources critical to navigation accuracy. While Isro maintains that the Indian-made RAFS unit is performing comparably to their foreign counterparts, it declined to disclose technical information about the same, citing national scientific interest. PSLV failure Meanwhile, the FAC setup to investigate the cause of failure of the PSLV whose third stage (PS3) failed on May 18, was scheduled to meet for the first time on May 21. Isro chairman V Narayanan told TOI: 'I have conducted the six meetings so far, including four on the day of the launch. We have to enable the FAC to conduct its meeting.' While Isro has officially said that there was a drop in chamber pressure of the third stage (PS3) motor case, it is yet to conclude on what may have caused the pressure to dip. Sources had indicated to TOI, as reported in its May 19 edition, that reasons that may have caused the drop in pressure could be: depletion of internal insulation, which affects the fuel burn, or a defective nozzle. Narayanan, however, said: 'I don't want to preempt anything at this moment and all I can say is that it is connected to the third stage.' He said that the FAC headed by M Annamalai will investigate the matter. Annamalai is a former Isro scientist who has served as director, Satish Dhawan Space Centre (SDSC) and has earlier been part of multiple FACs.

PSLV-C61 mission fails: Former Isro scientist explains what happens next
PSLV-C61 mission fails: Former Isro scientist explains what happens next

India Today

time18-05-2025

  • Science
  • India Today

PSLV-C61 mission fails: Former Isro scientist explains what happens next

The Indian Space Research Organisation (Isro) launched the Polar Satellite Launch Vehicle at 5:59 a.m. IST from Sriharikota's Satish Dhawan Space Centre, but the rocket veered off trajectory during the critical third-stage burn ending up in a major was carrying the Earth Observation Satellite (EOS-09) to space in a bid to give India an all-weather imaging HAPPENS NOW?When a space mission fails, Isro initiates a meticulous and systematic process to analyse the failure and identify its root cause. This process is critical to ensure future missions are safer and more how Isro typically approaches the analysis of a lost mission, such as a launch failure. The first step is to form a Failure Analysis Committee (FAC), comprising experts from various Isro centers, including engineers, scientists, and mission specialists. This team is tasked with reviewing all available data from the a launch, Isro's telemetry systems collect vast amounts of real-time data, such as velocity, altitude, pressure, temperature, and engine performance. For instance, in the case of a failure like the PSLV-C61/EOS-09 mission, where velocity dropped unexpectedly, the FAC would examine telemetry graphs showing parameters like the sharp decline in relative velocity (from 6 km/s to 2.45 km/s) and the corresponding altitude and trajectory FAC will thoroughly review the flight data along with all data related to the activities ranging from the stage preparation at the launch complex, countdown to the committee analyses the flight data to pinpoint the exact moment of deviation. With EOS-09, India aimed to strengthen its position in space-based earth observation. (Photo: Isro) This involves comparing actual performance against the expected profile—such as the target velocity curve after satellite separation. If the data shows anomalies, like engine shutdowns or structural issues, the team cross-references it with ground-based radar and tracking station inputs to reconstruct the sequence of events. For example, if the third stage (PS3) malfunctioned, the team would investigate propulsion system logs and closed loop guidance also conducts simulations and reviews the rocket's design and manufacturing processes. This includes checking for potential flaws in components, such as engines, avionics, or guidance software algorithms controlling the rocket's navigation and control systems are audited for FAC then compiles a detailed report, identifying the root cause—be it a mechanical failure, human error, or external factors like are made to address the issue, such as design modifications or procedural the PSLV-C1 failure in 1993 due to a software glitch and EOS03 failure due to tank pressurization issue in GSLV CUS, Isro revamped its testing protocols and active mechanisms to attain required rigorous process ensures that each failure becomes a stepping stone for future success, enhancing Isro's reliability in space exploration.(Manish Purohit is a former Isro scientist with vast experience in managing critical space missions and solar energy projects, including Mangalyaan and Chandrayaan-2 missions.)

EOS-09 mission fails: Isro to set up team of experts to probe anomaly
EOS-09 mission fails: Isro to set up team of experts to probe anomaly

First Post

time18-05-2025

  • Science
  • First Post

EOS-09 mission fails: Isro to set up team of experts to probe anomaly

The Indian Space Research Organisation (Isro) will set up a high-level Failure Analysis Committee (FAC) to investigate what went wrong during the EOS-09 satellite mission. The panel will include experts from Isro and academic institutions. read more ISRO's PSLV-C60 carrying SpaDeX and its payloads, lifts off from the first launch pad at Satish Dhawan Space Centre, in Sriharikota, Andhra Pradesh. Image Courtesy: @isro/X The Indian Space Research Organisation (Isro) will form a high-level Failure Analysis Committee (FAC) to investigate the anomaly that led to the failure of the EOS-09 satellite mission. The committee will include experts from Isro and academia. According to Isro chief V Narayanan, the mission failed due to technical issues during the third stage of the launch. The FAC will closely examine flight data and all related activities – from launch preparations and countdown to the final stage – where the mission encountered the issue. STORY CONTINUES BELOW THIS AD Typically, a former Isro chairman or a senior retired scientist heads such a committee. The FAC will identify the root cause of the failure and recommend corrective steps for future missions. 'During the functioning of the third stage, we observed an anomaly, and the mission could not be accomplished. After analysis, we shall come back,' the Isro chairman said. The PSLV-C61 flight sequence starts with the ignition of the PS1 and PSOM boosters on the ground. This is followed by the separation of different parts of the rocket, and ends with the satellite being released into space. Isro chief V Narayanan said the issue was detected in the third stage of the launch, which uses a solid rocket motor to deliver a powerful thrust after the rocket exits the atmosphere. This stage produces a maximum thrust of 240 kilonewtons. This was Isro's 101st mission and was meant to place the EOS-09 satellite into a Sun Synchronous Polar Orbit (SSPO). The plan included using Orbit Change Thrusters (OCT) to lower the altitude of the PS4 stage before passivation, a process that helps prevent space debris and promotes safe space practices.

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