considered for
approval in accordance with the EIA Notification, 2006, will not be
applicable for the subject site.
3(w).The learned Senior Counsel appearing ... petitioner
further submitted that the Tribunal failed to consider that EIA
Notification 2006 is not applicable to the present site as the layout is
formed
Jharkhand. The respondent no.1 vide
notification dated 14.09.2006 formulated the Environment Impact
Assessment Notification, 2006 (EIA Notification, 2006) which mandates
for requirement of obtaining ... validity of the notification dated 14.03.2017.
Thereafter, the respondent no.1, vide notification dated 08.03.2018,
amended the earlier notification dated 14.03.2017 and delegated the
power
environmental clearance from the MoEF."
2. The Environment Impact Assessment (EIA) Notification, 2006, as amended, requires
mining projects (new projects, expansion or modernization ... Level Environment Impact Assessment
Authority, notified by MoEF under the EIA Notification, 2006.
3. In order to ensure compliance of the above referred order
contented that the EIAS conducted was not
comprehensive in nature so as to satisfy the requirements of the EIA
notification. Thirdly, it is pointed ... fall under the ambit of the
Schedule to the EIA notification and returned the proposal, the very
CEAC had, vide its 401st meeting on 14th
sand quarries.
8. In compliance of the above, as per EIA Notification 2006, necessary
applications for Environmental Clearances were filed by the State Government ... excavators”.
19. In the above mining proposed plan, in compliance of EIA Notification 2006
and its amendments, the petitioner applied for Environmental Clearance
under the Environmental Impact Assessment
Notification, 2006 (for short, 'the
EIA Notification')
issued under Rule 5 of the Environment (Protection) Rules ... been granted by respondent -
Ministry of Environment and Forests under the EIA Notification.
Therefore, no developmental activities can take place
within
more so when the integrated environmental clearance (under the EIA
Notification,2006) and the CRZ Clearance (under the CRZ notification)
were admittedly obtained ... notification/proceedings, the appellant had to obtain clearance under
both the EIA Notification of 2006 and CRZ Clearance under the CRZ
Notification, 1991. The Central
clause 8(b) of the Environmental Impact Assessment
Notification, 2006 ('EIA notification' for brevity') was incorrect.
3. Petitioner further levels an allegation ... Schedule to the EIA notification, It is appropriate to consider the
scheme and purport of the notification.
22. The EIA notification was enacted in exercise
Central Government
issued Environmental Impact Assessment Notification, 2006
(EIA Notification) under the Environment (Protection) Act,
1986 . As per the EIA Notification, prior environmental
clearance ... square meters. According to the
petitioner, the requirement in the EIA Notification does not
apply to their project since they have commenced the
construction
ensure that all the mandatory procedures set out in
the EIA Notification dated 14.09.2006 do have the compliance on
the part of the fifth respondent ... ensure that all mandatory procedures set out in EIA Notification dated
14.09.2006 are complied with by the respondent
