NATIONAL GREEN TRIBUNAL: The Bench of Adarsh Kumar Goel, Sudhir Agarwal, Arun Kumar Tyagi, JJ and Prof. A. Senthil Vel (Expert Member), Principal Bench, disposed of the application and sustained the stay on the notification modifying the EIA regime in respect of construction projects with built up area more than 20,000 sq. meters to 50, 000 sq. meters and industrial sheds, educational institutions, hospitals and hostels for educational institutions more than 20,000 sq. meters upto 1,50,000 sq. meters.
BACKGROUND: The issue for consideration was against the validity of notification dated 14.11.2018, issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC), modifying the EIA regime in respect of construction projects with built up area more than 20,000 sq. meters to 50, 000 sq. meters and industrial sheds, educational institutions, hospitals and hostels for educational institutions more than 20,000 sq. meters upto 1,50,000 sq. meters.
Initially, the appraisal of impact assessment was being done by the State Environment Impact Assessment Authorities (SEIAAs), but under the abovementioned notification dated 14.09.2006, such appraisal was left to Local bodies such as Municipalities, Development Authorities, District Panchayats. While, issuing the notice to MoEF&CC, the Tribunal stayed the notification.
SUBMISSION: The counsel on behalf of the applicant submitted that the delegation of powers under the impugned notification rendered the safeguards under the EIA Notification, 2006 futile. The modified regime was against the principles of ‘Sustainable Development’ and ‘Precautionary principle’, which were to be enforced by the Tribunal under Sections 15 and 20 of the NGT Act, 2010. The matter was identical to the issue earlier dealt with by the Tribunal vide judgment dated 08.12.2017 in Society for Protection of Environment and Biodiversity v. Union of India, 2017 SCC OnLine NGT 981, whereby a similar notification was quashed.
The counsel on behalf of MoEF&CC submitted that the same issue was under consideration before the Delhi High Court in WP(C) 12517 of 2018, Social Action for Forest and Environment v. Union of India, therefore, the proceedings be deferred awaiting further orders.
NGT’s OBSERVATION: The Tribunal prima-facie observed that the abovementioned notification could not be sustained therefore, the notification was stayed till further orders. Considering that despite the expiry of 3 years, there was no progress in the matter cited by the counsel of MoEF&CC before the Delhi High Court, consequently, the tribunal took up the matter.
The Tribunal observed that the impugned notification will result in diluting the existing mechanism for Impact Assessment by SEIAA and cannot be sustained. The same needs revisited in light of appropriate Expert studies to ensure that effective Impact Assessment takes place in respect of such projects so as to ensure that development of any such project takes place consistent with the ‘Precautionary’ and ‘Sustainable Development’ principles. The stay shall continue till any further steps are taken.
[Shashikant Vithal Kamble v. Union of India; 2022 SCC OnLine NGT 292, decided on 23.12.2022]
Advocates who appeared in this case :
For Applicants: Mr. Brajesh Kumar;
For Respondents: Mr. Divya Prakash Pande.