December 23, 2017

Local Bodies Were Allowed To Grant Eco Nods

Mumbai: Terming it a ‘ploy’ to circumvent environmental safeguards, the National Green Tribunal has struck down the union ministry of Environment, Forests and Climate Change (MoEFCC) notification allowing urban local bodies to grant Environment Clearance (EC) to construction projects.

The NGT, in its December 8 order said, “The (December 9, 2016) notification is only a ploy to circumvent provisions under the Environment Impact Assessment (EIA) Notification, 2006, in the name of ‘ease of doing business’ and no mechanism has been laid down for evaluation, assessment or monitoring environment impact of the project.”

It directed the ministry to reexamine the notification and take appropriate steps to “delete, amend and rectify” clauses. It further said till such time the notification cannot be implemented. “MoEFCC shall particularly take care that the social cause of providing housing to the poor does not get defeated, while also ensuring the environment is protected,” the order stated.

Delhi-based NGO ‘Society for the Protection of Environment and Bio-diversity’ had filed an appeal with the NGT against the notification.

In its plea, it said the proposed notification intends to dilute and exempt prior EC for buildings and construction projects. These amendments, it said, sought to defeat the substantive provisions of EIA Notification, 2006, that require prior EC.

Thought the NGO filed its objections in November, the ministry issued the final notification on December 9, 2016 without giving it a hearing.

It directed the ministry to reexamine the notification and take appropriate steps to “delete, amend and rectify” clauses. It further said till such time the notification cannot be implemented. “MoEFCC shall particularly take care that the social cause of providing housing to the poor does not get defeated, while also ensuring the environment is protected,” the order stated.

The NGO again approached the NGT, pointing out that the final notification was not only at variance with the draft, but was even more damaging as it granted exemption to the construction industry from the provisions of the Air Act, 1981and the Water Act, 1974 and took away the powers of the pollution control boards. It further pointed out that the composition of the Environmental Cells was at odds with the draft notification.

Shrianka Kardile, technolegal consultant to the construction industry on environment issues, said the December 2016 notification had allowed planning authorities like the BMC to grant EC to construction projects ranging from 5,000 sq metres to 1.5 lakh sq metres and between 1.5 lakh sq metres and 3 lakh sq metres to the state authorities. “Above 3 lakh sq metres, the project required central clearance,” she said.

On Monday, the MoEFCC issued a draft amendment. The draft states all construction projects with an area of 1.5 lakh sq metres and above will be issued EC by the State Environment Appraisal Committee and reaffirmed by the State Environment Impact Assessment Authority. “The draft amendment makes no mention of those below 1.5 lakh sq metres. However, the NGT order is very clear that everything reverts to the September 2006 process,” Kardile said.

Sources said the BMC had set up an Environment Cell and even granted environment clearance to one project. However, after the NGT order, it has stopped accepting applications.

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Source: epaper.timesgroup.com