Wind Turbine Installations In Violation Of Micrositing Guidelines: Gujarat HC Orders Independent Inquiry
The Gujarat High Court directed the Gujarat Energy Development Agency to initiate a detailed inquiry into alleged violations of the Micrositing Guidelines issued by the Ministry of New and Renewable Energy for the installation of wind turbines in Bhavnagar District.
The Micrositing Guidelines (Guidelines) by the Ministry of New and Renewable Energy (Ministry) categorically instruct that a wind turbine cannot be installed within 500 mts of any dwelling for mitigation of noise. A Public Interest Litigation (PIL) was filed to raise concerns over the distance of the wind turbines installed from the residential areas and primary schools.
A Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed, “An independent inquiry shall be initiated by the Chairman, Gujarat Energy Development Agency by constituting a team and inviting comments from all concerned officials of the Agency as also from the Office of the Collector, and officers of the other departments as well, who are collectively responsible for ensuring that the wind turbine sites are set up strictly in conformity with the Circular dated 22.10.2016 of the Ministry of New and Renewable Energy, Government of India. .”
Advocate Dhruv D Desai appeared for the applicant, while Asst. G.P. Hetal Patel represented the respondents.
As per the Court's previous order dated in February, 2024, the Collector of Bhavnagar was directed to conduct an investigation into the matter. The inquiry led to a conclusion that two wind turbines did not comply with the Ministry’s Guidelines. It was stated that there was a primary school and a dwelling unit within 500 mts of which wind turbine site was installed.
The guidelines were issued to ensure the “healthy and orderly growth of wind power sector” by the Indian Renewable Energy Development Agency. As per the guidelines, the development of Onshore Wind Power Projects issued by the Central Electricity Authority and other regulatory bodies discussed the issues relating to Micrositing, de-commissioning, health and safety of Wind Power Projects.
The Guidelines clearly mentioned maintaining a considerable safe distance for the site of the wind turbines to mitigate of noise pollution. One of the clauses stipulated, “Developer(s) shall not site wind turbines within 500 m of any dwelling for the mitigation of noise.”
The authorities had argued that the restriction of 500 mts would not be attracted in the case of setting up a windmill near the primary school as it would come within the meaning of public institutions.
The said submission did not convince the High Court that a primary school could be included in the category of a public institution so as to permit the developer to install a 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 remarked
Accordingly, the High Court listed the matter for further hearing on August 30th, 2024.
Cause Title: Vikrambhai Nanjibhai Dabhi v. State Of Gujarat & Ors.
Appearance:
Applicant: Advocate Dhruv D Desai
Respondents: Asst. G.P. Hetal Patel; Advocates Siraj R Gori and Hardeep L Mahida
