In a significant development with respect to public participation in the EIA process, the National Environment Appellate Authority (NEAA) on 8-3-2010 has quashed the approval (environmental Clearance) granted by the Ministry of Environment and Forest to the 1200 MW Thermal Power Plant of Athena Chattisgarh Power Ltd. ACPPL is a group company of Hyderabad-based Athena Power Private Limited (APPL) and has planned to set up two units of 600 MW each in Singhatarai village of Janjgir-Champa district. The ministry of environment and forest (MoEF) had earlier granted approval to the project. The matter was challenged in the NEAA by the Villagers of Singhataria along with local group Jan Chetna led by Ramesh Aggarwal. “We challenged the environmental clearance on the ground that the MoEF approved the project without considering the fact that the Public Hearing held on January 15, 2009 was cancelled by the chairperson in view of the documents not being made available to the affected public,” Even the procedure as contemplated in the EIA Notification was not followed. Earlier on 17th of November, 2009 NEAA went through the video recording of the Public Hearing for over an hour which was provided by Jan Chetana and was convinced that there was discrepancy in what was recorded in the minutes of the public hearing and what was spoken in public by the officials. The video recording clearly showed large scale opposition of the public to the project. Based on the complaint coupled with evidence, the NEAA, in its order issued on November 17, stayed the clearance and said that it could not have been granted without following the due process prescribed in the EIA Notification 2006. Based on the stay grated on 17th of November, 2009 the MoEF went through the video recording and agreed with the order of the NEAA and ordered for a fresh public hearing. During the hearing on 8-3-2010, it was contended on behalf of the Appellant that since a fresh public hearing is likely to take place, there will be changes in the EIA report based on the views and comments of the public. Therefore, the present clearance has no meaning. If at all the project is approved, the people should have the opportunity to challenge it afresh based on the new EIA report. This is the second time ever that the NEAA has quashed an environmental clearance granted by the Ministry of Environment and Forest. The earlier being the Polavaram Irrigation project, Andhra Pradesh. For the villagers of Singhatarai it is no mean achievement. They have managed to show to the whole country that poor villagers do have the ability to challenge mega projects which threaten their local environment and livelihoods. One can only hope that the Ministry of Environment and Forests does not mechanically clear this project again forcing the people to knock at the Courts of law. Clearly the odds are against them but for now they have reasons to celebrate.