Saturday, September 20, 2014

Set up environment regulator by March 31, Supreme Court tells Government

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.


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