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1.1.

ENVIRONMENTAL IMPACT ASSESSMENT

Environment Impact Assessment or EIA can be defined as the study to predict the effect of a

proposed activity/project on the environment. A decision making tool, which represents the

best combination of economic and environmental costs and benefits. EIA systematically

examines both beneficial and adverse consequences of the project and ensures that these effects

are taken into account during project design.

Further, there are certain categories defined under The Environmental Impact Assessment,

under which the clearance has to be acquired from the central authority for the construction of

any project. Examining through each one of these categories, we find that Railway projects

does not fall in any of the category and consequently does not make it mandatory for railways

to acquire Environmental clearance.

Also in the case of The Haryana Environmental Impact Assessment Authority & Anr. V M/s.

Maruti Suzuki India Ltd. & Anr.,1 it was reiterated that in accordance with the EIA notification

dated 14 September, 20062 only those projects and activities clearly and specifically listed in

the schedule to the said notification require prior environment clearance, and prohibited and

activities not listed in the schedule were exempted from the regulatory ambit of the said

notification.

Thus, for the construction of a railway project, no Environmental Impact Assessment has to be

conducted as it does not fall in any of the given categories. Considering the criticism that was

raised by the NGO, Trust for Conservation of Wildlife (TCW), stating that the Swervedriver

project has to obtain an EIA stands nullified due to the aforementioned reason.

1
The Haryana Environmental Impact Assessment Authority & Anr. V M/s. Maruti Suzuki
India Ltd. & Anr
2
EIA notification 2006
Hence it can be concluded that the permission that has been taken by the PRS for the

Swervedriver project is complete and appropriate, and no further permission or approval has

to be obtained from any authority.

ENVIRONMENTAL CLEARANCE

Environmental Clearance is the procedure to get clearance from the government for

‘installation’ and ‘modification’ of certain type of projects. There are certain categories that

have been laid down in the schedule 1 of the environment protection act, which clearly

indicate that the railway projects do not fall in any of these category. The projects so covered

under these categories are strictly required to obtain the environmental clearance. Running a

close examination of these categories, it has been observed that railway projects are not

covered under the aforementioned categories and hence exempted from obtaining the

environmental clearance.

In the case of Subhas Dutta v UOI3, it was laid down that, expansion or modernization of any

activity will attract environmental clearance, if pollution load is to exceed the existing one or

new project listed in schedule 1 of The Environment Protection Rules,1986 shall not be

undertaken in any part of India unless it has been accorded environmental clearance by the

central government.

Drawing a parallel relation to the present case, the

3
Subhas dutta v uoi

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