Gujarat HC Orders Inquiry Into Windmill Installations Near Bhavnagar Villages Over Alleged Violations Of Noise Mitigation Guidelines

The Gujarat High Court has issued a directive to the Chairman of the Gujarat Energy Development Agency (GEDA) to investigate the permissions granted for windmill installations in Bhavnagar villages.

This directive follows a public interest litigation (PIL) filed by Vikrambhai Nanjibhai Dabhi, a resident of Village Dakana and Chairman of the Public Health Committee, District Panchayat, Bhavnagar. The PIL challenges the adherence to guidelines issued by the Ministry of New and Renewable Energy (on October 22, 2016), which prohibit the installation of wind turbines within 500 meters of any dwelling for noise mitigation. The petitioner has alleged that KP Energy Pvt Ltd, the contractor responsible for the wind turbines, violated these guidelines.

Notably, on February 21, 2024, the court mandated an inquiry, leading to the filing of an affidavit on March 19, 2024, by the Collector and District Magistrate of Bhavnagar. This affidavit references various guidelines, circulars, orders, and government resolutions that govern such projects. It specifically mentions a resolution from the Revenue Department, authorizing the allotment of government land for wind farm projects on a leasehold basis. For a No-Objection Certificate (NOC), the State Electricity Board and State Nodal Agencies are designated as the responsible authorities.

The division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted, “The averments in the affidavit of the Collector, Bhavnagar, thus, indicates that the wind turbine sites installed by the private Respondent No.6 are not confirming to the norms issued by the Ministry of New and Renewable Energy, Government of India on 22.10.2016 and two of the wind turbine sites at Village Sartanpur namely MUV 124 and Village Khandhera namely MUV 103 are not conforming to the norms laid down in the said Guideline.”

As per the report from the Taluka Development Officer, Talaja, dated May 24, 2023, which was appended with the writ petition, the wind turbines installed by KP Energy Pvt Ltd in the villages of Sakhvadar, Khandhera, and Sartanpar were placed less than 500 meters from residential areas, contrary to the guidelines.

Key among the guidelines is the one issued on June 13, 1996, by the Indian Renewable Energy Development Agency, aimed at promoting healthy and orderly growth in the wind power sector. These guidelines require the agency to appraise wind power projects in compliance with established standards.

The affidavit by the Collector mentions that a fresh inquiry was conducted on February 28, 2024, by a three-member team comprising the Deputy Superintendent of Police, Mahuva, the District Inspector of Land Reforms (DILR), Bhavnagar, and regional officers from the Gujarat Pollution Control Board (GPCB). This team carried out a spot inspection, measuring the distance of the wind power project from the school and residential areas, and compared the noise levels to ambient air quality standards.

The inquiry report revealed that one wind turbine was constructed within the prohibited 500-meter zone of a primary school, and another turbine was situated near residential units.

KP Energy Pvt Ltd contended that the construction of wind turbines is permissible within 500 meters of a public institution.

However, the Court disagreed, stating, “it is not acceptable to us that a primary school can be included in the category of a public institution so as to permit the developer to install windmill within the distance of 500 mts of the school. In our prima facie opinion, the guidelines framed for healthy and orderly growth of the windmills are with the vision of maintaining the standards of health for both the villagers and children studying in the primary school, and it would be the same standards as in case of dwelling units,” the court said.

The court also noted a lack of clarity in the affidavit regarding the violations reported in the inquiry report dated February 28, 2024. It highlighted the need for a specific response from GEDA, which is the State Nodal Agency responsible for approving wind power projects.

“For the silence on the part of the Collector, it is required that a specific response of the Respondent No.2 namely the Chairman, Gujarat Energy Development Agency (GEDA) shall be brought before us,” the court stated.

The court has directed the GEDA Chairman to file a personal affidavit and initiate an independent inquiry by assembling a team and gathering comments from all relevant officials. This inquiry should ensure that wind turbine sites adhere to the guidelines set forth in the October 22, 2016 circular from the Ministry of New and Renewable Energy.

The GEDA Chairman's affidavit is to be presented to the court on August 30, 2024.

Case Title - Vikrambhai Nanjibhai Dabhi Versus State Of Gujarat & Ors

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