NGT extends stay on MoEFCC notification modifying EIA conditions for certain construction projects

The National Green Tribunal (NGT) recently extended the stay on an order of the Ministry of Environment, Forest and Climate Change (MoEFCC) which modified Environmental Impact Assessment (EIA) conditions for certain construction projects. [Shashikant Vithal Kamble vs Union of India & Ors.].A bench of Justices Adarsh Kumar Goel, Sudhir Agarwal and Arun Kumar Tyagi, and expert member Prof. A Senthil Veil noted that the notification dated November, 14, 2018 was stayed in December, 2018 along with the proceedings before the tribunal as its validity was being considered by Delhi High Court as well.Since three years had passed and the matter was to be considered expeditiously, it was taken up by the tribunal..By the notification, the Central government had delegated the power to ensure compliance with environmental conditions to local bodies, including municipalities, development authorities, and district panchayats, in respect of building or construction projects with built-up areas ranging from 20,000 to 50,000 square metres.The notification also gave these local bodies the authority to issue building permits and occupation or completion certificates for industrial sheds, hospitals, and educational institutions (including hostels) with built-up areas ranging from 20,000 to 1,50,000 square metres..According to the petitioner, the impact assessment not being done by the State Environment Impact Assessment Authorities (SEIAAs), was against the principles of sustainable development and precautionary principles..Based on the statutory scheme of the Environment Protection Act and the principles of ‘Sustainable Development’ and ‘Precautionary’ principle to be enforced by the NGT under Section 15 read with Section 20 of the NGT Act, the tribunal determined that the impugned Notification will result in diluting the existing mechanism for Impact Assessment by SEIAA and could not thus be sustained"The same needs to be 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 tribunal added..The tribunal further recorded that no steps were taken by the MoEFCC either to file a reply or to seek a modification of the stay, and that there was no representation from the ministry before the tribunal.Thus, it determined that no prejudice would be caused if the stay on the notification continued."Thus, there will be no prejudice if such stay continues till any further step is taken in the matter after an expert study and conscious decision as per law," it said..[Read Order]