Enercon (India) Ltd. directed to pay fifty lakhs for damage caused by setting up of wind mills in Ananthapur

National Green Tribunal (NGT): NGT has directed Enercon (India) Ltd. to pay Rs. 50 Lakhs for causing damage and degradation to the ecology and environment by setting up wind mills in Kallpavalli area of Ananthapur District in Andhra Pradesh. Said amount would be paid as environmental compensation with the Andhra Pradesh Pollution Control Board, which shall be used for restoration of ecology and environment of the area. The direction of NGT came on an application filed by three societies working for environment protection and regeneration. It was alleged in the application that windmills project was causing irreversible long term ecological damage in the area. The adverse environmental impacts of setting up of cluster of wind mills as claimed by the applicants include increase the overall temperature of the area, destruction the grass, cutting of large number of trees, death of cattles after eating plastic and metal debris spread all over the area, etc. The applicants sought directions by the Tribunal including setting up of an expert committee to understand the actual threat which these windmills pose on the environment and human health; restoration of all the water bodies in the region, which had suffered in the hands of pollution and excavation caused during the construction and setting up of these windmills; inclusion of windmill farms in Category A of the schedule of the Environmental Impact Assessment Notification, 2006; and compensation for losses suffered. After perusing the material produced and the evidence on record, NGT observed that while setting up the wind mills, Enercon (India) Ltd. had constructed roads and, “while constructing the road, extensive damage was caused to the topography, the surrounding areas, ecology and environment. Respondent No. 5 Enercon (India) Ltd.  is, therefore, bound to compensate the damage and degradation caused to the ecology and environment. We, therefore, direct Respondent No. 5 to pay an environmental compensation of Rupees Fifty Lakhs.” The Tribunal further directed that trees of local indigenous species to be planted under guidance of State Forest Department on the constructed road and also on hill top around wind turbines, which shall be maintained as a green area and also directed that plastic, must be disposed properly. Kallpavalli Vrikha Pempakamdarula Paraspara Sahayaka Sahakara Sangam Ltd. v. Union of India, decided on August 25, 2015