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Gujarat High Court Orders Inquiry Into Windmill Installations Near Bhavnagar Villages

 

Gujarat High Court Orders Inquiry Into Windmill Installations Near Bhavnagar Villages

The Gujarat High Court recently ordered a detailed inquiry into the installation of windmills near schools and residential areas in Bhavnagar villages. This decision stems from a Public Interest Litigation (PIL) filed by Vikrambhai Nanjibhai Dabhi, a local resident, and District Panchayat member. The PIL alleges that the contractor, KP Energy Pvt Ltd, violated guidelines set by the Ministry of New and Renewable Energy, which prohibit wind turbines within 500 meters of dwellings to mitigate noise pollution.

The case gained momentum when the High Court directed the Chairman of the Gujarat Energy Development Agency (GEDA) to investigate the permissions granted for these installations. An affidavit submitted by the Collector and District Magistrate of Bhavnagar, following a court-mandated inquiry, highlighted significant deviations from the 2016 guidelines, specifically noting that wind turbines were installed within prohibited zones near schools and homes.

Further investigation revealed that the turbines in question were located less than 500 meters from residential areas in villages like Sakhvadar, Khandhera, and Sartanpar. The court took particular issue with one turbine situated near a primary school, emphasizing that the health and safety of both villagers and school children must be prioritized.

KP Energy Pvt Ltd defended the placement of the turbines, arguing that the 500-meter restriction did not apply to public institutions, such as schools. However, the court rejected this argument, maintaining that the guidelines were designed to ensure public health standards for all, including schools.

The court also noted the lack of clear responses from the GEDA regarding the violations and directed the agency's chairman to file a personal affidavit and conduct an independent inquiry. The court underscored the need for compliance with the guidelines issued by the Ministry of New and Renewable Energy to protect the well-being of local communities.

The court's order reflects its commitment to upholding environmental and public health standards in the context of renewable energy projects. The case underscores the importance of adhering to regulatory guidelines to balance development with the safety and welfare of the affected populations.

The Gujarat High Court has scheduled the next hearing for August 30, 2024, by which time the GEDA Chairman is expected to submit the results of the independent inquiry. This case serves as a critical reminder of the judiciary's role in ensuring that the expansion of renewable energy infrastructure does not come at the cost of public health and safety.

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