ENVIRONMENTAL CLEARANCE TO
BECOME MANDATORY FOR BIG URBAN PROJECTS
Concerned by the
seriousness of continuing pollution of rivers and other water
bodies, the Ministry of Environment and Forests has decided to
bring new projects relating to construction of new townships,
industrial townships, settlement colonies, commercial complexes,
hotel complexes, hospitals, office complexes for 1000 persons
or above or discharging sewage of 50, 000 litres per day and above
or with an investment of Rs. 50 crores and above and new industrial
estates having an area of 50 hectares and above under the purview
of Environment Impact Assessment (EIA). Industrial estates having
high pollution potential will also be brought under EIA irrespective
of area.
A draft notification
to this effect was issued by the MoEF today in pursuance of a
directive of the Supreme Court to "amend the Rules under
the Environment (Protection) Act so as to require the environment
impact assessment for the purposes of the town planning Acts".
The Supreme Court in Writ Petition No. 4677 (C) of 1985 in the
matter of news item "Hindustan Times AQFM Yamuna Vs. CPCB
and others" related to pollution of river Yamuna, had observed
on 4th December, 2001, as under :
"The learned
Solicitor General submits that in relation to town planning the
provisions of the Environment (Protection) Act, 1986 would be
applicable and whenever any decision is taken in regard to town
planning, environment impact assessment must first be undertaken,
clearance obtained and then the decision taken. Unfortunately,
the Rules under Environment (Protection) Act as such do not cover
town planning. In regard to this aspect, the learned Solicitor
General wants to address arguments and give suggestions to the
Court as to what effective orders can be passed with a view to
prevent the river Yamuna from becoming history."
Over the years it
has been found that the major source of pollution of the rivers,
lakes, coastal waters originate from discharge of untreated sewage
from cities, towns and other settlements. The Central Government,
after taking into account the seriousness of the above issues
had constituted an Expert Group in 1982 to draw up procedures
for the Environmental Impact Assessment of new townships and also
laying down broad guidelines for such assessment. Further, the
Government, in order to control pollution from various sources
including industrial, domestic, biomedical wastes, etc. has taken
up several steps/legal measures.
Under the National
River Conservation Plan (NRCP), pollution abatement works in 157
towns along 31 rivers in 18 States have been undertaken. Despite
these efforts, the sewerage system and sewage treatment capacity
already provided under NRCP including the Ganga Action Plan are
not adequately maintained by the respective local bodies, resulting
in partial achievement of the objectives of NRCP.
Talking about concern
for environment at various levels, even for construction of a
house in a Panchayat area, plans are approved only after the provision
of a septic tank. For an industrial project, an effluent treatment
plant is necessary and for an industrial estate a common effluent
treatment plant is necessary. On the other hand, local bodies/development
authorities in towns have been approving new construction projects
of various categories and sizes without any concern for the environment.
Under the Draft Notification
it is now envisaged that proposals relating to projects shall
be submitted subject to the following conditions:
(1) Project proponent
intending to implement the proposed project in a phased manner
or in modules, shall be required to submit the detailed project
report of the entire project covering all phases or modules for
appraisal under Environment Impact Assessment.
(2) Project proponent
intending to take up projects of very urgent nature during the
pendency of the draft notification shall be required to submit
a certificate from the concerned local bodies/authorities with
regard to the availability of sewage treatment capacity in their
existing sewage treatment plant for incremental quantity to be
generated by the project. Such projects can be considered by the
Government for environmental clearance on a priority basis on
the receipt of the complete proposal with all relevant documents
subject to verification of such documents.
(3) New construction
projects where construction work has not come up to the plinth
level on the date of issue of this draft notification shall require
clearance under the Environment Impact Assessment Notification.
(4) In the case of
new Industrial Estates, where the construction work has not commenced
or the expenditure does not exceed 25% of the total sanctioned
cost on the date of issue of this notification shall require clearance
under Environment Impact Assessment Notification.
(5) In respect of
projects covered under Clauses 3 and 4 above, application for
environmental clearance shall be submitted by the project proponent
within 30 days of finalization of this draft notification.
The Draft Notification
seeks objections and suggestions in respect of the proposal made
in the Draft Amendment in writing for consideration of the Central
Government within the period of 60 days from today. Based on the
receipt of the suggestions/objections, the Ministry would take
further necessary action in the matter. The draft notification
is available on MoEF’s website: www.envfor.nic.in.
