that while transferring the EC the provision under Clause XI of the
EIA Notification 2006 were not followed.
A. Brief facts:
Case ... solely for the purposes of
considering the environment clearance as per the EIA notification issued
by Ministry of Environment, Forest and Climate Change. After
failed to undertake detailed
scrutiny as per Environment Impact Assessment (EIA) Notification of
1
2006. The project was considered for scoping on 12th ... September
2006. Terms of Reference (ToR) for EIA report were communicated on
27.10.2011. Validity of ToR was extended from time to time. Draft EIA
report
under
Environment Impact Assessment Notification dated 14.09.2006
(hereinafter referred to as 'EIA 2006') and many such illegal projects are
in process. Despite, application
also provisions of Environment
Impact Assessment Notification, 2006 (hereinafter referred to as ‗EIA
2006'), Water (Prevention and Control of Pollution) Act, 1974 (hereinafter
referred ... SEIAA,
Karnataka, seeking ‗Prior EC' for disputed project under EIA 2006 stating
that the construction is proposed on a plot area of 50382.91 square
rule
5 of the Environment (Protection) Rules, 1986 amending the EIA
Notification dated 14.09.2006 on the ground of the said notifications being
ultra vires ... published the
Environment Impact Assessment Notification, 2006 (hereinafter
referred to as the EIA Notification, 2006), vide number S.O.1533 (E),
dated the 14th September
forest land estimated to be about 3221.2974 ha as per the Final EIA
Report submitted by the project proponent to the MoEF. The
infrastructure ... appellant the impugned EC was ex post facto, in
violation of EIA Notification, 2006.
3. Apart from the allegation of EC being after the substantial
project falls under
category 8(b) of the EIA Notification dated 14.09.2006. Proposed built up
area was 1,55,000.00 sqm. State Level Environment Impact ... General Condition no. 72 - The project proponent has failed
to undertake Rapid EIA status for three months during the non-
monsoon period
invalid in view of 'General
condition' appended to the EIA notification and also for want of wildlife
clearance, the Tribunal issued notice ... construction carried out
without clearance i.e. EC in terms of
EIA Notification.
Hence, this act amounts to clear cut
violations under the EIA Notification
Issue
1. The issue for consideration in main OA is whether EIA is necessary
for navigation infrastructure in the River Ganga in the stretch from ... smaller stand-alone components for the purpose of evading
scrutiny under the EIA notification. It is undertaking only maintenance
dredging as opposed to capital dredging
made a
detailed presentation through Video Conferencing (VC) and have
presented the EIA/EMP report. The Committee found the EIA/EMP
report to be satisfactory ... environmental clearance.
10. The EAC, constituted under the provision of the EIA Notification,
2006 and comprising of Experts Members/domain experts in various
fields, have
