1 / 15

EIA in India-Challenges for environment and development- the court’s response

EIA in India-Challenges for environment and development- the court’s response. Sanjay Upadhyay Advocate Supreme Court Managing Partner Enviro Legal Defence Firm August 2013. EIA in India-Challenges for environment and development- the court’s response. EIA- Is it adequate? EIA Trends

peers
Download Presentation

EIA in India-Challenges for environment and development- the court’s response

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. EIA in India-Challenges for environment and development- the court’s response Sanjay Upadhyay Advocate Supreme Court Managing Partner Enviro Legal Defence Firm August 2013

  2. EIA in India-Challenges for environment and development- the court’s response • EIA- Is it adequate? • EIA Trends • EIA-2006 • Gaps • Infrastructure and Environmental Compliance – Some Examples • Role of Courts? • NGT • Some Broader Concerns on EIA • Way Forward

  3. EIA – Is the process adequate? • What is EIA ? • Key objective - To integrate the environmental concerns in the developmental activities in its initiation stage and further integrate environmental concerns and mitigation measures in project development. • Screening; Scoping and consideration of alternatives; Baseline data collection; Impact prediction; Assessment of alternatives, delineation of mitigation measures and environmental impact statement; Public (Hearing) Consultation ; Decision making and Monitoring the clearance conditions

  4. Trends of EIA amendments • Public Hearing ( Exempted) in respect of certain classes (notified/designated industrial areas/industrial estates or industries under the jurisdiction of industrial development authorities; widening and strengthening of highways; mining projects (major minerals) with lease area up to twenty five hectares, units located in Export Processing Zones, Special Economic Zones; modernisation of existing irrigation projects ( 2001) • Exemption to Bulk Drugs and Pharmaceuticals especially those that are covered under the Genetically Engineered Organisms ( 2001) • Exemption on pecuniary consideration ( 2002) • Modernization projects in irrigation sector; pipeline projects –EIA report not required( 2002) • strengthening of existing canals with land acquisition upto a maximum of 20 meters- exempted ( 2003) • Public Hearing exempted for offshore exploration activities ( 2003) • EIA exemption to any construction project on area and pecuniary ( 2004) • Expansion or modernization of certain Projects before 1994 ( 2005) • Temporary Working Permission ( 2005)

  5. EIA 2006 • Decentralization of decision to SEIAA • Category A and Category B ( B1, B2) Projects • Four Phases- • Screening (only for category B projects) • Scoping • Public consultation • Appraisal

  6. EIA-2006 –New Terms / Approaches • Pre-feasibility report alongwith application for EC • Conceptual plan (construction projects) • Public Consultation with-Local affected persons and others having plausible stake • Exemption to B2 projects and activities • Draft EIA & EMP post public consultation • Due diligence for expansion or modernisation • Transfer of EC • General condition (with in 10 km of PAs etc.) • Special conditions for industrial estates, EPZ, SEZ, bio-tech parks etc.

  7. Gaps • EIA- Reports • Social Assessment ?? • Box Ticking Approach needs to end: • NOC- Pollution Boards – Granted • Consent- Obtained • Public hearing- Done • Is pecuniary criteria enough? Does size warrant exemption? • Public consultation methods- public consent?

  8. Infrastructure and Environmental Compliance – Some Difficult Choices • Roads- The right of way (ROW) versus right to environment; Right to livelihood? ( Highways) • Infrastructure Development or land grabs? SEZ • e.g. Mundra Port? Mangroves, Fisherfolks and Shining Gujarat? • MUTP and Urban environment due to slums? • Hydro power- Run of the River Projects- Is it really environment friendly? Cumulative effect? River Basin Approach?? Does individual EIAs suffice?

  9. Role of Courts-Development (vs) Environment • Role of Courts- A clear trend is emerging- Over zealous judicial action in micro management of environment issues especially on urban environment not necessarily taking into account the impact on local communities;cleaning the city, removal of slums, hawkers, demolitions of unauthorized colonies) • For large infrastructure projects –A matter of Policy argument??. Again not taking into account the impact on local communities- ( SardarSarovar, interlinking of rivers, tehri, SEZ?) • Futility of Follow up of court Orders?

  10. NGT- improving Processes but what about substantive law • The latest scrutiny is being done by the extremely active NGT-2010 • On Process • On Public Hearing • On Locus (Expanding who is aggrieved) • On prior information • On Limitation • Modalities of publishing ECs • On themes ( sand mining) • Still a long way to suggest concrete measures on substantive law aspects

  11. EIA some broader concerns • First it is a notification despite nineteen years and therefore a weak legal instrument, susceptible to change. • Evidence of such susceptibility is the fact that it has been amended nineteen times in nineteen years. • A trend analysis suggests the power play or powers at play. • The EIA has reached maturity and therefore should attain a legal finality.

  12. EIA some broader concerns • What exactly constitutes public consultation.EIA is the only instrument which attempts to explain public consultation. • Prior information and public hearing including its process. • Both are contentious, • the extent to which the information is supplied and what is not supplied; the disparity between the two is quite immense in the garb of trade secret. • The method of public hearing, the modalities of public hearing again is very adhoc and needs serious rethinking. • The quality of report –EIA/EMP is a suspect. • Quality of Accredition/ Consultants

  13. EIA some broader concerns • The categorization of projects and processes again does not have enough clarity. • The capacities of people assessing the projects including the scientific committee which is the expert appraisal committee as well as the statutory authority which is taking the final decision. • The infrastructure and support to the authority and the committee, the facilitation is inadequate and needs an overhaul.

  14. Way Forward • Time to have a law on EIA -Notifications will not suffice • The concept of Enviro Legal Due Diligence! Going beyond EIAs- A preventive measure is cost effective, makes business sense and hopefully lower the litigation rate. • Enviro Legal Due Diligence ?- More detailed feasibility from enviro legal perspective, nationally, locally and globally, preempting conflcits • focus on land use and land category ( forest land, scheduled area, common land); • impact on land, • livelihood, • formal titles, non formal claims, landless…a more detailed menu of options to be considered

  15. THANK YOU +91-9810298530 sanjay@eldfindia.com www.eldfindia.org

More Related