coming
into force of the 2006 Notification cannot be accepted.
E Applicability of the EIA Notification 2006
20. Essentially, this Court is required to address ... project as a category „B‟ project under the 2006
Notification. In accordance with the 2006 Notification, the SEAC at its 46th
meeting held
contravene section 2 of the FC Act.
THE PROJECT AND THE EIA NOTIFICATION 2006:
32. Mr. Jayant Bhushan next contended that the construction ... State Level Environment Impact Assessment Authority,
Uttar Pradesh constituted under the EIA notification, 2006, seeking
environmental clearance for the project. In reply the SEIAA
EIA notification
1994, the procedure for grant of environmental clearance was already done by
the MoEF and the same was replaced by EIA notification 2006 ... more than the prescribed period either under the
EIA notification 1994 or under the EIA notification 2006. It is pertinent to
point out that
Environment
(Protection) Act, 1986 for the alleged violation of the EIA
Notification, 2006;
(e-i) In the alternative issue a writ of mandamus directing ... EIA and public consultations
and the application shall be appraised accordingly for
grant of environmental clearance."
27. Admittedly, the EIA Notification, 2006 was published
harmonious with the dominant purpose of the Schedule to the EIA
Notification 2006 inasmuch as the prescription of the area
thresholds given in Items ... Impact Assessment Notification S.O.
1324(E) dated 15th September, 2005, yet it was omitted from the Schedule
to the EIA Notification 2006. He contends
following clarification is
issued-
(i) Since the EIA Notification, 1994 has now
been superseded by EIA Notification,2006,
all project activities listed under the EIA ... following clarification is issued-
(i) Since the EIA Notification, 1994 has now
been superseded by EIA Notification,2006, all
project activities listed under the EIA
obtained a deemed
clearance under Clause 8(iii) of EIA Notification, 2006,
there is no impediment against the petitioners in
continuing to establish their respective ... relied upon as far as the contraventions
of the EIA Notification, 2006 by the Developer is
concerned.
Page
issue appropriate guidelines from time to time as per the EIA Notification, 2006.
In the present cases, the SEIAA has sub divided projects ... EIA and merely on the basis of the applications by the proponents, namely the 4 th
28
respondent is against EIA Notification, 2006
further submitted that the as per the EIA
Notification 2006 dated 14.09.2006, it is mandatory on the part of the
Project Proponent (PP) to obtain ... take any action against the Project Proponent for violation of EIA
Notification 2006. SEIAA as well as Expert Committee- SEAC is equally
liable for allowing
final
publication of 2006 EIA notification, would be governed by the
1994 EIA notification, and not the 2006 EIA notification. As grant
of environmental clearance ... fall within the ambit of the 2006 EIA notification.
Both the EIA 1994 and the EIA 2006 notifications are
statutory notifications issued by the Central
