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Showing contexts for: eia notification 2006 in Bengaluru Development Authority vs Mr. Sudhakar Hegde on 17 March, 2020Matching Fragments
Dr Dhananjaya Y Chandrachud, J Index A Introduction B Submissions C Issues D Date of commencement of the PRR project E Date: 2020.03.17 13:05:54 IST Reason:
Applicability of the EIA Notification 2006 F Compliance with the procedure under the EIA Notification 2006 G Deficiencies in the EIA report G.1 Accreditation of the EIA consultant G.2 Forest land G.3 Trees G.4 Pipeline H Appraisal by the SEAC I Courts and the environment J Directions PART A A Introduction
PART F F Compliance with the procedure under the EIA Notification 2006
35. The next question to be analysed is whether the EIA process followed by the appellant was in compliance with the procedure stipulated under the 2006 Notification. In the written submissions and the rejoinder filed by the appellant before this Court, it was contended that the EIA process leading upto the preparation and submission of the EIA report to the SEAC was in compliance with the procedure stipulated under the 2006 Notification. It was contended that the NGT erred in concluding that there was a substantial delay in the preparation of the EIA report and in suspending the operation of the EC granted to the PRR project. On the other hand, in the written submissions filed by the respondents, it was contended that the delay in the preparation of the EIA report was in contravention of the OM dated 22 March 2010 issued by the MoEF-CC prescribing a validity period of four years for ToRs from the date on which they are issued. In assessing the rival contentions, it becomes necessary to analyse the EIA process followed by the appellant, leading up to the grant of the EC.
“Office Memorandum Sub: Time limit for validity of Terms of Reference (TORs) prescribed under EIA Notification, 2006 for undertaking detailed EIA studies for developmental projects requiring environmental clearance – Regarding.
The EIA Notification, 2006 has prescribed a time limit for validity environmental clearance granted to a project. However, no time limit has been specifically provided under the EIA Notification for the TORs prescribed for undertaking detailed EIA studies. As a result, the TORs once prescribed would continue to be valid indefinitely, which is definitely not desirable because the TORs are very much site specific and are dynamic to some extent depending upon the site features, its land use and the PART F nature of development around it. The matter has been considered in the Ministry of Environment & Forests.
74. In Shreeranganathan K P v Union of India19, the grant of an EC to the KGS Aranmula International Airport Project was challenged. The NGT found fault with the process leading upto the grant of the EC since sector specific issues had not been dealt with. The NGT extensively reviewed the information submitted with regard to the construction of the airport and held thus:
“182. … a duty is cast upon the EAC or SEAC as the case may be to apply the cardinal principle of Sustainable Development and Principle of Precaution while screening, scoping, and appraisal of the projects or activities. While so, it is evident in the instant case that the EAC has miserably failed in the performance of its duty not only as mandated by the EIA Notification, 2006, but has also disappointed the legal “(ii) The regulatory authority shall normally accept the recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned…” 2014 ALL (I) NGT Reporter (1) (SZ) 1 PART H expectations from the same. For a huge project as the one in the instant case, the consideration for approval has been done in such a cursory and arbitrary manner without taking note of the implication and importance of environmental issues. …Thus, the EAC has not conducted itself as mandated by the EIA Notification, 2006 since it has not made proper appraisal by considering the available materials and objections in order to make proper evaluation of the project before making a recommendation for grant of EC.” The Court held that the EAC had not conducted a proper appraisal given its failure to consider the available material and objections before it. The EAC had thus failed to conduct a proper evaluation of the project prior to forwarding to the regulatory authority its recommendation.