The Supreme Court is hearing a PIL being Writ Petition
(Civil) No. 202/1995 titled as T.N. Godavarman Thirumulpad vs Union of India
concerning protecting the environment.
On 6th January 2014, the green bench of Justice A.K.
Patnaik, Justice S.S. Nijjar and Justice Fakkir Mohamed Ibrahim Kalifulla
passed an order rejecting the central government's contention that under
Section 2 of the Forest (Conservation) Act, 1980, the government alone is the
regulator and no one else can be appointed so as directed in the case of
Lafarge Umiam Mining Pvt Ltd. The Supreme court directed the central government
to set up, by March 31, the national environment regulator with its offices in
all the states to oversee the implementation of the various projects having
environmental implications. The court said that henceforth the task of
processing, appraisals and approval of the projects for environmental clearance
under the Sep 14, 2006, Environment Impact Assessment (EIA) notification would
be done by the regulator as it could carry out independent, objective and
transparent appraisal and also monitor the implementations of the conditions.
The court pointed out that the existing mechanism under the
EIA notification with regard to processing, appraisals and approval of the
projects for environmental clearance is deficient in many respects. Matter was
last listed on 21st July 2014.
Click below for the Full text of Order dated 6th January
2014.
Download free Android app for latest and important court
decisions. https://play.google.com/store/apps/details?id=com.sgsolicitors.indianlaw&hl=en