Environment Impact Assessment (EIA) is an early warning system. Before the commencement of a development activity an assessment of the adverse effect of the project on the environment is to be undertaken by the project proponent. If it is found that the project is environmentally benign then environmental clearance is given. An appeal will lie against an order granting or refusing EC before the National Green Tribunal.
Till 1994, the EIA in India was purely an administrative decision. It was on 1994 the first notification for EIA was mandated for Environmental Clearance (EC) for huge projects scheduled to it. The said notification was replaced in 2006 prescribing certain procedure in the process for EIA. This notification was amended several times based on various directions from the Courts. Supreme Court in 2012 in public interest issued a general direction on mining making it applicable to all minor mineral quarries which has less than five hectares. The ambiguity in the classification of the “Building and Construction project” and “ township and area development project” has been pointed out by the Supreme Court while considering the project of Okhla Bird Sanctuary in 2011. Several High Court, as well as the National Green Tribunal, has imposed more conditions for the protection of environment . Based on the same amendments were carried out by the Ministry of Environment, Forest and Climate Change (MoEF&CC) from time to time.
Now a proposal was made by the Ministry of Environment, Forest and Climate Change by March 2020 notification to streamline the process of issuance of EC, conducting of EIA, decentralisation and implementation of the directions issued by the Courts. The proposal is based on the principle of sustainable development by which the environment is protected without affecting the environment.
The present law requires that building and construction projects above 20,000 sq mts require Environmental Clearance. This was amended on 15-11-2018 increasing the limit to 50,000 sq mts which was under challenge in Delhi High Court. The new notification retains the 20,000 sq mts limit and the EC can be obtained from State Authority.
The new proposed notification also put a duty of regulation of the project on the authority which grants clearance. The regulatory authority based on the information available or environmental issues brought to the notice after the issuance of EC may impose additional conditions as it deems fit. Such an inherent power on the authority will protect the environmental hazard which has arisen subsequently, like natural disasters.
