Environment clearance must for projects falling under EIA Notification 2006: Govt
| Date :18-Apr-2023 |
By Kaushik Bhattacharya
On the directions of Western Bench of National Green Tribunal (NGT), the Government of Maharashtra has issued an order making Environment Clearance (EC) mandatory for those projects falling under the Environment Impact Assessment Notification, 2006 (EIA Notification). The Tribunal, in a judgement, stated that Maharashtra should review its working in the light of the judgements of the Supreme Court of India and violations frequently being alleged. “A proper Standard Operating Procedure (SOP) be laid down for grant of EC in such cases so as to address the gaps in binding law and practice being currently followed. The Ministry of Environment Forest and Climate Change (MoEF&CC) may also consider circulating such SOP to all State Environment Impact Assessment Authorities (SEIAA) in the country,” the order stated.
The Maharashtra State Environment Impact Assessment Authority (MSEIAA) took due note of the concerns raised by the Tribunal about constructions done on site without prior environment clearance and is of the firm belief that, all efforts must be diligently made to ensure that the EIA Notification, 2006 is observed in all cases wherever it is applicable. According to the Government Resolution (GR), “In order to achieve the mandate of ensuring strict observance of EIA Notification, 2006 effective co-ordination between Local Planning Authority, MSEIAA, Maharashtra Pollution Control Board (MPCB) and Central Pollution Control Board (CPCB) in necessary, for each plays a critical role well defined by notifications or office memorandums under Environment (Protection) Act, 1986 and Notification or Development Control Regulations under Maharashtra Regional Town Planning Act.”
According to the SOP, the local planning authority is expected to observe the entire process of building construction and site development right from issuing Concession Report, Commencement Certificate to plinth checking certificate, to slab checking certificate at each slab to completion certificate and final occupation certificate (OC). It also mentioned, MSEIAA is to process Environment Clearance (EC) as per EIA Notification 2006 and various Office Memorandums (OMs) issued thereunder and judgements of NGT, High Court and Supreme Court wherever applicable in projects which are submitted to MSEIAA on PARIVESH portal.
The SOP mentioned many instructions that should be implemented by the authorities for building construction projects, industrial projects, mining projects etc. “If the local authorities implement the new SOP as per the guidelines then the property prices will increase in near future because it is applicable for small layouts or colonies too,” Raju Athavale, National Vice President, Builders Association of India (BAI) told ‘The Hitavada’. Athavale also said, “Getting environment clearance for small project will become a hectic process in future which will raise the burden for builders.” Whereas, Sudhir Paliwal, Convenor, Vidarbha Environmental Action Group and executive member, Builders Association of India, Nagpur Chapter, claimed that the step taken by the State Government is a positive one as it will help to reduce the environment exploitation in the name of infrastructure development.