Environmental Impact Assessment: A tool for checking

Environmental Pollution
(A project report)

Submitted to:

Dr. Avinash Samal

Faculty Member in Political Science

Submitted by:

Bhupendra Singh Chelak

Sem VI, Sec:B, Roll no: 44

B.A. LL.B (HONS.)

Date of Submission: 18/03/2019

Hidayatullah National Law University,

Atal Nagar, Chhattisgarh

 Declaration

I, Bhupendra Singh Chelak, hereby declare that , the project work entitled,“
Environmental Impact Assessment: A tool for checking Environmental Pollution”
submitted to Hidayatullah National Law University , Atal Nagar is record of an
original work done by me under the able guidance of Dr.Avinash Samal, Faculty
Member of Political Science , H.N.L.U. , Atal Nagar.

Name - Bhupendra Singh Chelak

Semester – VI
Sec.- “B”
B.A.LL.B (Hons.)
Roll No. – 44
Date : 18.03.2019

Page | II
 Acknowledgements

I, Bhupendra Singh Chelak, would like to humbly present this project to Dr. Avinah Samal. I
would first of all like to express my most sincere gratitude to Dr. Avinash Samal for his
encouragement and guidance regarding several aspects of this project. I am thankful for being
given the opportunity of doing a project on ‘Environmental Impact Assessment: A tool for
checking Environmental Pollution’

I am thankful to the library staff as well as the IT lab staff for all the convenience they have
provided me with, which have played a major role in the completion of this paper.

I would like to thank God for keeping me in the good health and senses to complete this
project.

Last but definitely not the least; I am thankful to my seniors for all their support, tips and
valuable advice whenever needed. I present this project with a humble heart.

Page | III
 Contents

Contents
Declaration .............................................................................................................................................. II
Acknowledgements................................................................................................................................ III
Contents ................................................................................................................................................. IV
Introduction ............................................................................................................................................ 2
Research Questions ............................................................................................................................ 3
Objectives ........................................................................................................................................... 3
Scope of Study ................................................................................................................................... 3
Research Methodology ...................................................................................................................... 3
Organisation of Study ......................................................................................................................... 4
Review of Literature............................................................................................................................ 4
Origin and International Framework ...................................................................................................... 5
1.1 Origin and History :- ...................................................................................................................... 5
1.2 International Framework :- ........................................................................................................... 6
Environmental Impact Assessment (EIA) processes and steps ............................................................... 8
Legal and Institutional Framework in India .......................................................................................... 10
3.1 Environment protection – from Indian Constitution perspective :- ........................................... 10
3.1.1 The subjects related to environment in the seventh schedule of the Constitution: ........... 10
3.2 Other Major Statutes :- ............................................................................................................... 11
3.2.1 Environmental (Protection) Act, 1986 ................................................................................. 11
3.2.2 Wildlife Protection Act, 1972 ............................................................................................... 11
3.2.3 The Biological Diversity Act, 2002 ........................................................................................ 12
3.2.4 The Forest (Conservation) Act, 1980 ................................................................................... 12
3.2.5 Air (Prevention and Control of Pollution) Act 1981 ............................................................. 12
3.2.6 Water (Prevention & Control) Act 1974 .............................................................................. 13
3.3 Environment Clearance Procedure: ............................................................................................ 13
3.3.1 State Level Environment Impact Assessment Authority:..................................................... 15
3.4. Role of Judiciary ......................................................................................................................... 15
How EIA checks Environmental Pollution ............................................................................................. 17
Drawbacks and Suggestions .................................................................................................................. 19
4.1 Drawbacks :- ................................................................................................................................ 19
4.2 Suggestions :- .............................................................................................................................. 21

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Conclusion ............................................................................................................................................. 22
Bibliography .......................................................................................................................................... 23

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 Introduction

Environmental Impact Assessment is defined as an activity designed to identify the impact on

the bio geophysical environment, on man and well-being of legislative proposals, projects,
policies, operational procedures and to interpret and communicate information.
Environmental Impact Assessment is a systematic process of identifying future consequences
of a current or proposed action. The International Association for Impact Assessment (IAIA)
defines an environmental impact assessment as "the process of identifying, predicting,
evaluating and mitigating the biophysical, social, and other relevant effects of development
proposals prior to major decisions being taken and commitments made".1 In principle,
environmental assessment can be undertaken

 For Individual projects such as a dam, motorway, airport or factory and call it as
'Environmental Impact Assessment' (EIA).

 Plans, programs and policies and call it as 'Strategic Environmental

Assessment'(SEA).

Strategic environmental assessment (SEA) is a systematic decision support process, aiming to

ensure that environmental and possibly other sustainability aspects are considered effectively
in policy, plan and program making.SEA is a proactive and comprehensive process which
identifies and evaluates the significant environmental and sustainability implications of
particular plans, programmes and policies to ensure that they are fully considered and
addressed at the earliest stages of decision making

Environmental Impact Assessment is widely accepted as a tool to ensure sustained

development with minimum environmental degradation. It has basically following main
objectives :-

 To identify, predict and evaluate the economic, environmental and social impact of
development activities.

 To provide information on the environmental consequences for decision making.

1
"Principle of Environmental Impact Assessment Best Practice" (PDF). International Association for Impact
Assessment. 1999. Retrieved on 13-03-2019.

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  To promote environmentally sound and sustainable development through the
identification of appropriate alternatives and mitigation measures.

Environmental Impact Assessments are unique in the way that, they do not require adherence
to a predetermined environmental outcome, but rather they require decision makers
to account for environmental values in their decisions and to justify those decisions in light of
detailed environmental studies and public comments on the potential environmental impacts.
Environmental Impact Assessment has nowadays become a tool for environmental protection
and the current project how it fulfils this purposes discussing EIA and other related topics in
detail.

Research Questions
1. What is Environmental Impact Assessment (EIA) and its origin and history in India?
2. What are the process and steps involved in EIA?
3. What is the Legal and Institutional framework for EIA in India?
4. How EIA helps in checking Environmental pollution?
5. What are the drawbacks and challenges to EIA in India?

Objectives
 To study about Environment Impact Assessment, its meaning and origin
 To study about various processes and steps involved in EIA.
 To learn about its legal and institutional set-ups and structures in India.
 To study how EIA helps in checking Environmental Pollution.
 To study about the drawbacks and challenges of the current EIA system in India?

Scope of Study
The research report deals with Environment Impact Assessment in Indian context.The report
does not delve into any of the issues which is prevelent outside India. Its scope is strictly
limited to the study of EIA laws and norms applicable in India.

Research Methodology
The research project is descriptive and analytic in nature. The research project is mainly based on
secondary sources which include books and web pages. I’ve made this project by referring to
various books kept in the library.

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These methods do not include field work and mainly depend on electronic resources. I owe my
chief source of inspiration to our respected faculty. The data base referred is not copied from any
other source and is purely authentic and genuine.

Organisation of Study
Firstly, the topic has been introduced briefly and the text of the article has been presented.
Secondly, light has been thrown upon the origin of Environmental Impact Assessment (EIA)
and its International Framework. Thirdly, general processes and steps involved in an EIA has
been explained. Fourthly, I have talked about its leagal and institutional framework in which I
kave described all the rules contained for Environment protection and EIA in our
Constitution and other Environment related Statutes; environment clearance procedure in
India; Judicial Review of EIA. After that, I have described that how EIA helps in checking
Environmental Pollution. Lastly, I have concluded my paper by discussing its drawbacks and
providing suggestions.

Review of Literature

1. P. Leelakrishnan, Environmental Law in India, Lexis Nexis; 4th edition (26 July
2016), ISBN-10: 9350357208, ISBN-13: 978-9350357200
The Author in this book has dealt in extensive detail regarding Environmental Law
and Judicial Review mechanism utilized by the court to protect Environment which
provided a great aid in completing my project especially while dealing with the
Chapter of Legal and Institutional Framework in India.
2. N. S. Raman, A. R. Gajbhiye S. R. Khandeshwar Environmental Impact
AssessmentI K International Publishing House Pvt. Ltd; First Edition edition
(2014), ISBN-10: 9382332936, ISBN-13: 978-9382332930
This title provides coverage of the principles and procedures of an Environmental
Impact Assessment (EIA). Its focus is on the methodology of the EIA. The major
dimensions of environmental pollution, such as air quality, noise, water quality, soil
and geology, aesthetics and socio-economic concerns, are thoroughly covered. The
measurement of environmental indicators and economists' approaches to EIA are also
described. The methodology highlighted in the book can also be applied to other
environmental issues.

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 Chapter – 1

Origin and International Framework

1.1 Origin and History :-
In early 60s, investors and people realized that the projects they were under taking were
affecting the environment, resources, raw materials and people. As a result of this, pressure
groups formed with the aim of getting a tool that can be used to safeguard the environment in
any development. The USA decided to respond to these issues and established a National
Environmental Policy Act in 1970 to consider its goal in terms of environmental protection.
The USA became the first country to enact legislation on EIA. This was the first time that
EIA became the official tool to be used to protect the environment. The United Nations
Conference on the Environment in Stockholm in 1972 and subsequent conventions
formalized EIA. At present, all developed countries have environmental laws whereas most
of the developing countries are still adopting it.

In India, the history of environmental governance in post-independent India started 25 years

after Independence when the then Prime Minister, Indira Gandhi, returned from the United
Nations (UN) Conference on Human, Environment and Development in Stockholm in 1972.
A National Environmental Planning and Co-Ordination Committee was formed by the Prime
Minister with B P Pal. In 1972, the Central Pollution Control Board was set up followed by
the state boards. The department of environment came into existence on November 1, 1980
followed by state departments. Environmental laws on water (1974), air (1981) and forest
conservation (1981) were passed, as also the umbrella act of Environment Protection (1986).
An Environment Policy and Strategy Statement was issued in the year of the UN Conference
on Environment and Development in 1992. Environment Impact Assessment for 32 sectors
became compulsory by a notification passed in 1992. Environment approval committees were
formed for each sectoral assessment and all power was vested with the Centre. In 1996, India
became a nation to follow the environmental governance system with a series of further
controlling notification on coastal zone management, hill development, disposal of wastes
(biomedical, plastic, hazardous). Public Interest Litigation provided justice through the
Supreme Court and high courts. Also, a beginning in the direction of Environment Impact
Assessment (EIA) was made with the impact assessment of river valley projects in 1978-79
and after that the scope has subsequently been enhanced to cover other developmental sectors

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such as industries, thermal power projects, mining schemes etc. To facilitate collection of
environmental data and preparation of management plans, guidelines have been evolved and
circulated to the concerned Central and State Government Departments. EIA has now been
made mandatory under the Environmental (Protection Act, 1986 for 29 categories of
developmental activities involving investments of Rs. 50 crores and above.

1.2 International Framework :-

EIA takes place within the legal and/or policy and institutional frameworks established by
individual countries and international agencies. EIA provision and procedure can contribute
to successful implementation of project if these frameworks are adhered to. Key Multilateral
Environmental Agreements (MEAs) have seen review and improvements in EIA legal, policy
and institutional arrangements. The key agreements are as follows:

a) Convention on Environmental Impact Assessment in a Trans-boundary Context

(Espoo, 1991).

This is the first multi-lateral EIA treaty. It looks at EIA in a trans-boundary context and
entered into force in 1997. The Espoo Convention sets out the obligations of Parties to assess
the environmental impact of certain activities at an early stage of planning. It also lays down
the general obligation of states to notify and consult each other on all major projects under
consideration that are likely to have a significant adverse environmental impact across
borders. Apart from stipulating responsibility of signatory countries with regards to proposals
that have transboundary impacts, it describes the principles, provisions, procedures to be
followed and list of activities, contents of documentation and criteria of significance that
apply.

b) Rio Declaration (1992).

Principle 17 of Rio Declaration on Environment and Development calls for use of EIA as a
national decision making instrument to be used in assessing whether proposed activities are
likely to have significant adverse impact on the environment. It also emphasized the role of
competent national authority in the decision making process. The other principle (15) of this
declaration that is relevant to EIA practice is the application of the precautionary principle.

Agenda 21, which was also as a result of this convention, proposes that governments should:

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  “Promote the development of appropriate methodologies for making integrated
energy, environment and economic policy decisions for sustainable development,
inter alia, through environmental impact assessment (9.12(b))
 Develop, improve and apply environmental impacts assessment, to foster sustainable
industrial development (9.18)
 Carry out investment analysis and feasibility studies including environmental
assessments for establishing forest based processing enterprises. Introduce
appropriate EIA procedures for proposed projects likely to have significant impacts
upon biological diversity, providing for suitable information to be made widely
available and for public participation, where appropriate, and encourage the
assessment of impacts of relevant policies and programs on biological diversity
(15.5(k)”(UNICED 1992).2

Agenda 21 sets the framework within which countries can establish their national
environmental laws.

c) UN Convention on climate change and Biological Diversity (1992) cited EIA as an

implementing mechanism of these conventions (article 4 and 14 respectively).
d) Doha Ministerial Declaration encourages countries to share expertise and
experience with members wishing to perform environmental reviews at the national
level (November, 2001).
e) UNECE (Aarhus) Convention on Access to Information, Public Participation in
Decision Making and Access to Justice in Environmental Matters (1998) covers the
decisions at the level of projects and plans, programs and policies and by extension,
applies to EIA and SEA.3

2
United Nations Conference on Environment & Development Rio de Janerio, Brazil, 3 to 14 June 1992 AGENDA
21
3
“ENVIRONMENTAL IMPACT ASSESSMENT GENERAL PROCEDURES” (PDF), Pacifica F. Achieng Ogola, Kenya
Electricity Generating Company Ltd. (KenGen), P.O. Box 785, Naivasha KENYA, Retrieved on 14.03.2019

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 Chapter – 2

Environmental Impact Assessment (EIA) processes and steps

EIA represents a systematic process that examines the environmental consequences of the
development actions, in advance. The emphasis of a EIA is on prevention and, therefore, is
more proactive than reactive in nature. The EIA process involves a number of steps, some of
the most common steps applied almost everywhere in the world are listed below:

 Project screening: This entails the application of EIA to those projects that may
have significant environmental impacts. It is quite likely, however, that screening is
done partly by the EIA regulations, operating in a country at the time of assessment.
 Scoping: This step seeks to identify, at an early stage, the key, significant
environmental issues from among a host of possible impacts of a project and all the
available alternatives.
 Consideration of alternatives: This seeks to ensure that the proponent has
considered other feasible approaches, including alternative project locations, scales,
processes, layouts, operating condition and the no-action option.
 Description of the project/development action: This step seeks to clarify the
purpose and rationale of the project and understand its various characteristics,
including the stages of development, location and processes.
 Description of the environmental baseline: This includes the establishment of both
the present and future state of the environment, in the absence of the project, taking
into account the changes resulting from natural events and from other human
activities.
 Identification of key impacts: This brings together the previous steps with a view to
ensuring that all potentially significant environmental impacts (adverse and
beneficial) are identified and taken into account in the process.
 The prediction of impacts: This step aims to identify the likely magnitude of the
change (i.e., impact) in the environment when the project is implemented in
comparison with the situation when the project is not carried out.
 Evaluation and assessment of significance: This seeks to assess the relative
significance of the predicted impacts to allow a focus on key adverse impacts. Formal
definition of significance is the product of consequence and likelihood as
Significance =consequence X Likelihood
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  Mitigation: This involves the introduction of measures to avoid, reduce, remedy or
compensate for any significant adverse impacts.
 Public consultation and participation: This aims to assure the quality,
comprehensiveness and effectiveness of the EIA, Environment Management as well
as to ensure that the public’s views are adequately taken into consideration in the
decision-making process.
 EIS presentation: This is a vital step in the process. If done badly, much good work
in the EIA may be negated.
 Review: This involves a systematic appraisal of the quality of the EIS, as a
contribution to the decision-making process.
 Decision-making: At this stage, decisions are made by the relevant authority of the
EIS (including consultation responses) together with other material considerations as
to whether to accept, defer or reject the project.
 Post-decision monitoring: This involves the recording of outcomes associated with
development impacts, after the decision to proceed with the project. It can contribute
to effective project management.
 Auditing: This follows monitoring and involves comparing actual outcomes with
predicted outcomes, and can be used to assess the quality of predictions and the
effectiveness of mitigation. It provides a vital step in the EIA learning process.4

Note that the actual EIA process is not so linear and sequential. In other words, it is a cyclical
process involving feedback and interaction among the various steps and the sequence of the
steps may also vary

4
“Unit-3 Environmental Impact Assessment (EIA)” (PDF),
https://nptel.ac.in/courses/120108004/module3/lecture3.pdf, Retrieved on 14.03.2019

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 Chapter – 3

Legal and Institutional Framework in India

3.1 Environment protection – from Indian Constitution
perspective :-
The Indian Constitution Constitution contains various provisions in Fundamental Rights,
Fundamental Duties, Directive Principles of State Policy and others which deals with the
issue relating to environment. Some of which are :-

a) The State's responsibility with regard to environmental protection has been laid down
under Article 48-A of our Constitution, which reads as follows: "The State shall endeavour
to protect and improve the environment and to safeguard the forests and wildlife of the
country".5

b) Environmental protection is a fundamental duty of every citizen of this country under

Article 51-A(g) of our Constitution which reads as follows: "It shall be the duty of every
citizen of India to protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures."6

c) Article 21 of the Constitution is a fundamental right which reads as follows: "No person
shall be deprived of his life or personal liberty except according to procedure established by
law.”7

h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the
responsibility of the State Government to protect and improve the environment and to
safeguard the forests and wildlife of the country. The latter, under Fundamental Duties,
makes it the fundamental duty of every citizen to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for living
creatures.

3.1.1 The subjects related to environment in the seventh schedule of the

Constitution:

Union List Entries:

5
Article 48-A, The Constitution of India, 1950
6
Ibid, Article-51A(g)
7
Ibid Article-21

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52 Industries, 53 Regulation and development of oil fields and mineral oil resources, 54
Regulation of mines and mineral development, 56 Regulation and development of inter-State
rivers and river valleys and 57 Fishing and fisheries beyond territorial waters.8

State List Entries:

6 Public health and sanitation, 14 Agriculture, protection against pest and prevention of plant
diseases, 18 Land, colonisation, etc, 21 Fisheries, 23 Regulation of mines and mineral
development subject to the provisions of List-I and 24 Industries subject to the provisions of
List-I.9

Concurrent List Entries:

17A Forests, 17B Protection of wild animals and birds and 20 Economic and social planning.
20A Population control and family planning.10

3.2 Other Major Statutes :-

3.2.1 Environmental (Protection) Act, 1986

The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that
provides a holistic framework for the protection and improvement to the environment. In
terms of responsibilities, the Act and the associated Rules requires for obtaining
environmental clearances for specific types of new / expansion projects (addressed under
Environmental Impact Assessment Notification, 1994) and for submission of an
environmental statement to the State Pollution Control Board annually. Environmental
clearance is not applicable to hydro projects also. The Environmental Clearance procedure is
at Appendix- III.11

3.2.2 Wildlife Protection Act, 1972

8 th
Ibid, VII Schedule
9 th
Ibid, VII Schedule
10 th
Ibid, VII Schedule
11
Environmental (Protection) Act, 1986

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In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries
/ National Park / Sanctuary shall be made by the State Govt. except on recommendation of
the National Board for Wildlife (NBWL)”.12

Further, in terms of Supreme Court Order dated 13.11.2000 the State Govts have to seek prior
permission of Supreme Court before submitting the proposal for diversion of forest land in
National Park sanctuaries. Whenever, any part of Wildlife Sanctuary / National Park is
getting affected by a hydro project the forest proposal in respect of such project is entertained
by Ministry of Forest and Climate Change (MoEFCC), Government of India (GOI) only after
permission of de-reservation / denotification of Wildlife Sanctuary /National Park has been
accorded. After recommendation of Standing Committee of NBWL proposal for
dereservation/ de-notification is ratified by Hon’ble Supreme Court.

3.2.3 The Biological Diversity Act, 2002

As per the provision of act certain areas, which are rich in biodiversity and encompasses
unique and representative ecosystems are identified and designated as biosphere reserve to
facilitate its conservation. All restrictions applicable to protected areas like National Park &
Sanctuaries are also applicable to these reserves.13

3.2.4 The Forest (Conservation) Act, 1980

This Act provides for the conservation of forests and regulating diversion of forestlands for
non-forestry purposes. When projects fall within forestlands, prior clearance is required from
relevant authorities under the Forest (Conservation) Act, 1980. State governments cannot de-
reserve any forestland or authorise its use for any non-forest purposes without approval from
the Central government. The flow chart for forest clearance as per this law is provided in
Appendix -I.14

3.2.5 Air (Prevention and Control of Pollution) Act 1981

The objective of this Act is to provide for the prevention, control and abatement of air
pollution, for the establishment, with a view to carrying out the aforesaid purposes, of
Boards, for conferring on and assigning to such Boards powers and functions relating thereto

12
Wildlife Protection Act, 1972
13
The Biological Diversity Act, 2002
14
The Forest (Conservation) Act, 1980

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and for matters connected therewith. Decisions were taken at the United Nations Conference
on the Human Environment held in Stockholm in June 1972, in which India participated, to
take appropriate steps for the preservation of the natural resources of the earth which, among
other things, includes the preservation of the quality of air and control of air pollution.
Therefore it is considered necessary to implement the decisions foresaid in so far as they
relate to the preservation of the quality of air and control of air pollution.

3.2.6 Water (Prevention & Control) Act 1974

The objectives of the Water (Prevention and Control of Pollution) Act are to provide for the
Prevention and Control of Water Pollution and the maintenance or restoration of the
wholesomeness of water for the establishment, with a view to carrying out the purposes
aforesaid, of Boards for the prevention and control of water pollution, for conferring on and
assigning to such Boards powers and functions relating thereto and for matters connected
therewith.15

3.3 Environment Clearance Procedure:

As the utility of EIA became clear, there was need to establish project clearance procedure.
The first step in that direction was to define the EIA process. In this line The Ministry of
Environment and Forests (MOEFCC) has published guidelines for different sectors. The first
such guidelines was given in 1994 but it suffered from various lacunas so it was again
thoroughly restructured through issuance of said Environmental Clearance Notification by
MoEFCC, New Delhi in 2006 for making the environmental clearance procedure more
transparent, less time consuming and decentralized as much as possible.The gist of the
procedure is explained below :-

 The EIA process in India is made up of the following phases:

1. Screening, 2. Scoping and consideration of alternatives, 3. Baseline data collection,
4. Impact prediction, 5. Assessment of alternatives, delineation of mitigation measures
and environmental impact statement, 6. Public hearing, 7. Environment management
plan (EMP), 8. Decision-making, 9. Monitoring the clearance conditions.

15
“ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA”(PDF),
http://www.caretrust.in/environmental%20laws.pdf, Retrieved on 15.03.2019

Page | 13
 For every project, possible alternatives need to be identified and environmental
attributes compared. The alternatives identified must cover project location and
process technologies including the no-project option and the alternatives need to be
ranked for selection on the basis of optimum economic benefits to the community at
large.
 Once the alternatives have been reviewed, a mitigation plan supplemented with an
environmental management plan (EMP) needs to be drawn up for the selected option
to guide the proponent towards environmental improvements. A EIA report, thus,
needs to provide clear information to the decision-maker on the different
environmental scenarios without the project, with the project and with project
alternatives. This includes uncertainties.
 MOEFCC has issued different questionnaires for different projects, and the law
requires that the public must be informed and consulted on a proposed development
after the completion of EIA report. Any one is entitled to have access to the executive
summary of the EIA, and the affected persons such as bona fide local residents, local
associations, environmental groups active in the area and any other person located at
the project site/sites of displacement must be given an opportunity to make
oral/written suggestions to the State Pollution Control Board (SPCB).
 The decision-making process involves consultation between the project proponent
(assisted by a consultant) and the impact assessment authority (assisted by an expert
group, if necessary). The decision on environmental clearance is arrived at through a
number of steps including evaluation of EIA and the environmental management plan
(EMP). In India, the project proponent during the project planning stage decides the
type of projects, i.e., new establishment, expansion or modernisation. Later, the
project proponent prepares a detailed project report/feasibility report and submits to
the authorities concerned the executive summary containing the project details and
findings of the EIA study, which is to be made available to the concerned public.
 Where a proponent is required to obtain environmental clearance, the Impact
Assessment Agency (IAA) evaluates and assesses the EIA report. In this process, the
project proponent is given a chance to present his or her proposal. If a project is
accepted, the IAA prepares a set of recommendations and conditions for its
implementation based on this assessment. Environmental clearance conditions and
recommendations of IAA are made available to the public on request through SPCB

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 and through a web site . During the implementation and operation of the project, the
IAA is also responsible for the environmental monitoring process.16

3.3.1 State Level Environment Impact Assessment Authority:

State Level Environment Impact Assessment Authority (SEIAA) is an independent body

members of which should be notified by MoEFCC on receiving nominations from all
concerned states and UTs. Chairman and other member shall be experts fulfilling the
eligibility criteria given in Appendix VI of Notification 2006. Chairman shall be an expert in
EIA process. Member Secretary familiar with environmental laws shall be a serving officer of
the State Government. MoEFCC must notify SEIAAs within a time limit of 30 days from the
date of receipt of nominations. Time period for Authority defined (3 years). Decision of the
Authority shall be on the basis of consensus and lastly there would not be any funding from
MoEFCC.17

3.4. Role of Judiciary

Indian Judiciary especially the Supreme Court of India has played an active role in EIA by
the instrumentalities of Judicial Review, PILs and writs. In Sterlite Industries (India) Ltd.
v. Union of India18 the Supreme Court discussed the specific grounds on which
administrative action involving the grant of environmental approval could be challenged. The
grounds for judicial review were illegality, irrationality and procedural impropriety. Thus the
granting of environmental approval by the competent authority outside the powers given to
the authority by law would be grounds for illegality. Last, an approval can be challenged on
the grounds that it has been granted in breach of proper procedure. In Gram Panchayat
Navlakh Umbre v. Union of India and Ors19, the Court held that the “decision making
process of those authorities besides being transparent must result in a reasoned conclusion
which is reflective of a due application of mind to the diverse concerns arising from a project
such as the present. The mere fact that a body is comprised of experts is not sufficient a
safeguard to ensure that the conclusion of its deliberations is just and proper.” Samata and
Forum of Sustainable Development v. Union of India & Ors.20 the NGT held that “In

16
Supra Note 4
17
Ibid
18
AIR SCW, 2013, 3231.
19
Public Interest Litigation No. 115 of 2010. Judgment of Bombay High Court, 2012.
20
Appeal No. 9 of 2011. Judgment of NGT Southern Zone, Chennai, 2013.

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order to demonstrate [the] threadbare nature of discussions while considering a project for
giving its recommendation, it is essential that the views, opinions, comments and suggestions
made by each and every member of the committee are recorded in a structured manifest/
format.” In Deepak Kumar v. State of Haryana and Ors.21 , referring to the
recommendations of the Committee on Minor Minerals22, the court underlined that, state
governments should be discouraged from granting a mining license/lease to plots less than
five hectares so as to reduce circumvention and ensure sustainable mining. Further, where
land is broken up into smaller parcels, prior environmental approvals should be sought from
the MoEFCC. In Adivasi Majdoor kisan Ekta Sangathan and Another v. Ministry of
Environment and Forest and Others23 the evidence of persons who voiced their opposition
to the project was not recorded and no summary of the public hearing was prepared in the
local language nor was it made public. Therefore the Court declared the approval invalid. T
N Godavarman v. Union of India. Order of the Supreme Court on January 6, 201424 court
held that, “present mechanism under the EIA Notification is deficient in many respects and
what is required is a Regulator at the national level which can carry out an independent,
objective and transparent appraisal and approval of the projects for environmental clearances
and which can also monitor the implementation of the conditions laid down in the
Environmental Clearances.”

21
Special Leave Petition (Civil) No. 19628-19629 of, 2009
22
Environmental Aspects of Quarrying of Minor Minerals, Report of the Group, MOEF. Report available
at,http://www.indiaenvironmentportal.org.in/files/file/min ing_minor%20minerals_sand_India_moef.pdf
23
Appeal No. 3/2011 (T) NEAA No. 26 of 2009. Judgment of Principal Bench of the National Green
24
Tribunal on April 20, 2012

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 Chapter – 4

How EIA checks Environmental Pollution

When a construction project is proposed and designed, that project may affect the
environment; including impacts on water or air quality, economic disruption for a
community, or even impacts on social interactions. These possibilities need to be evaluated
so that negative effects can be minimized or made up for somehow through other avenues.
Environmental Impact Assessments (EIA) are documents that contain detailed analyses of
proposed projects that may have environmental, social and economic impacts.The importance
of an environmental impact assessment is to insure that impacts are evaluated in order to
protect the environment and the quality of life for humans and organisms in that vicinity and
beyond.

The Importance of Establishing a Baseline

One of the most important components of an EIA is the collection and analysis of baseline
data. Baseline data means the state of the ecosystem as it exists prior to the project and its
potential affects. In an EIA, baseline data describes the current socioeconomic, biological and
physical conditions of the immediate area and any area the project is predicted to affect.
Relevant data is collected by scientists and the baseline condition is established. The
importance of a baseline survey is that it allows scientists to see how actions performed
during the construction project may affect these conditions.

The Meat of an EIA: Environmental Impacts

The EIA explores both positive and negative impacts. It even explores possibilities for
enhancing the environment, such as improving wetland areas as part of the project and
enhancing economic opportunities in the area. It also identifies gaps in baseline data and
outlines uncertainties in predictions. But perhaps most importantly, it identifies possible
negative impacts and suggests ways to minimize them in cases where negative impacts are
unavoidable. One of these ways is to improve other areas in order to compensate for negative
impacts in one area. For instance, enhancing native vegetation in an area that has high surface
water run-off could improve water quality and offset the negative impact.

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Analysis of Alternatives

All reasonable alternatives are taken into account, including the effect of taking no action.
Alternatives also include project redesign, alternative sites, and alternative technologies and
construction techniques. The EIA examines all of these with an eye towards minimizing
impacts to the environment and allowing decision makers to choose the best alternatives to
protect and enhance environmental quality.

A Well-Thought-Out Project

The EIA allows government officials, industry project managers and citizens to participate in
the process of developing the EIA. Public comments are essential to the process and are
sought after in several open meetings. In addition, scientists are required to respond to such
comments and incorporate them into the analysis. The EIA is an important document that is
comprehensive and well thought out and essential to minimizing negative impacts on the
environment.

Hence it could be said that while other methods of checking Environmental pollution are
reactive in nature but EIA is proactive in nature and it begans before the emission of
pollutants take place. In other words it can be said that it is a controlled way to disturb the
nature.

So by above ways EIA acts as a tool for checking Environmental pollution.

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 Chapter-5

Drawbacks and Suggestions

4.1 Drawbacks :-
A-Applicability of the EIA Notification -

As it stands today, there are several projects with significant environmental impacts that are
exempted from the EIA notification either because they are not listed in schedule 1 of it, or
their investments are less than what is provided for in the notification. Importantly, several
projects located in zones covered by other notifications such as Costal Regulation Zones
(CRZ) notification are exempted from the provisions of the EIA notification. Other projects
such as defence-related road construction and railway projects are explicitly exempted from
the EIA notification altogether. The amendment in EIA notification, 1994 made on 4th July
2005 in gazette no.s.o.942(E) has provision that any expansion or modernization project of
item 1,2,3,19,20,- nuclear, river valley, ports and harbours, thermal power plant and mining
projects may obtain temporary working permission of max two years till it gets
environmental condition. By this way various changes has been brought up to dilute the EIA
notification.

B- Monitoring, Compliance and Institutional Arrangements -

Projects are granted clearances based on certain conditions, which the project authorities
need to comply with. These are both related to the construction phase and post construction
phase of a project. For instance, conditions may be imposed on muck disposal of effluent
discharge to be confined to certain areas and within specified limits. The regional offices of
the MoEFCC are to monitor the compliance of these conditions and prepare the reports.
However the local population does not even know of these conditions and are not a part of its
monitoring. It is not known if project authorities reflect the true status of compliance in their
reports to the MoEFCC. Access to these compliance reports is only subject to public interest.
The lack of access to compliance reports has severe repercussions on the rights of people who
were opposed to the project and for whose benefits some conditions may have been laid out
for the project to follow. While monitoring compliance with conditions imposed for
environmental clearance, it is found that pollution control boards have their own standards,

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whereas the standards under the EPA, which the MoEFCC and the regional offices follow,
are quite different. Another problem in monitoring is the location of the regional offices and
their large jurisdictions, which make it difficult for them to discharge their functions
effectively. While the increased threat to the environment is matched by the enactment of an
increasing amount of legislation, the responsibilities and capacities of the various agencies,
including the regional offices of the MoEFCC, to monitor compliance has not been
appropriately defined and strengthened.

C- Capacity Building –

There is an urgent need to build capacities of government agencies, communities, NGOs and
the judiciary with regard to the implementation of the existing EIA notification. Even in the
instances where the provisions allow for peoples participation or monitoring, the lack of
information and capacity are great hindrances in implementation. For instances, the public
hearing panel often has no clue on the scope of their role in environmental clearance process.
Judiciary, which is involved in the redressal , is comprised of judges who may not be clued
into the environmental issues and their interface with laws. No matter how good the
provisions of the law are, their implementation hinges on the capacities of official who are
meant to do it.

D- Redressal –

The present redressal mechanism meant exclusively for the challenging environmental
clearance is extremely weak and limited in its scope. The process of seeking redressal from
courts requires a fair amount of energy and financial allocation. It is not possible for all those
with grievances to take on legal battles against large and powerful project proponents.Thats
why many a times there cases are represented by PIL by some NGOs or some learned lawyer
or jurist.25

25
“ENVIRONMENT IMPACT ASSESSMENT PROCESS IN INDIA AND THE DRAWBACKS” (PDF), Environment
Conservation Team (Aruna Murthy, Himansu Sekhar Patra), September 2005,
https://elibrarywcl.files.wordpress.com/2015/02/environment-impact-assessment-process-in-india-and-the-
drawbacks-1.pdf, Retrieved on 15.03.2019

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4.2 Suggestions :-
Following are few some suggestions to address these identified problems;

 EIA shall be made compulsory for all projects.

 Indigenous knowledge of local people shall be considered in process of EIA.
 Primary focus of the EIA process shall be to consider the environmental projects as
against conveying the importance of project.
 Past track of project investor be considered (previous projects and adherence to EIA
and environmental laws/regulations).
 Conditions imposed while granting the permission shall be published in at least one
newspaper which is published in local language of the area in which the project is
going to be implemented.
 More number of regional MoEFCC centers be established (at least one per state) in
order to speed up the evaluation of EIAs, permission and monitoring of projects.
 No industrial or large scale developmental activity should be permitted in ecologically
sensitive areas. Indigenous knowledge of local people shall be taken into
consideration while determining the ecologically sensitive areas.
 Capacity building of government agencies, communities, NGOs and the judiciary
with regard to the implementation of the existing EIA notification.
 Establishment of Independent Environmental Impact Assessment Authority (IEIAA)
headed by a judicial officer and having representatives of public, environmentalists,
NGO’s working in field of environment shall be constituted.
 Statutory ADR mechanism shall be provided for speedy redressal of disputes with
regard to EIA. A panel of experts in environment and retired HC/SC judges may be
formed in this regard.
 MoEF monitored information desk for providing status of clearance of projects be
created. A statutory time limit may be provided for providing information.

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 Conclusion
Until recently, EIA as a new concept was not readily understood and accepted as a tool in
developing countries. Developers resisted and argued that it was anti development because
laws and policies supporting it dictated that lands developments causing negative impacts
should be discontinued. In a nutshell, EIA was considered just another bureaucratic stumbling
block in the path of development. It was conceived as a sinister means by which
industrialized nations intend to keep developing countries from breaking the vicious cycle of
poverty. The experts in the developing countries were foreigners who were viewed as agents
of colonization. The need for EIAs has become increasingly important and is now a statutory
requirement in many developing countries. EIA certainly has a crucial role to play in
addressing environmental issues surrounding project development. The integration of
environment into development planning is the most important tool in achieving sustainable
development. Environmental protection and economic development must thus be dealt with
in an integrated manner. EIA process is necessary in providing an anticipatory and preventive
mechanism for environmental management and protection in any development. EIA is an
important tool in assuring that projects and plans will not give an adverse impact on the
environment. The use of EIA has developed throughout the world and may different
applications exist.Thus EIA should be applied in every Governmental planning and policy
making to check Environmental pollution and preserve the Environment for future.But the
major problem with EIA is it being a relatively new concept it is less developed and less
known to common people. Thats why there is not a proper representation of them in this
process. Moreever the process need to be certain and applied in a proper way to maintain its
credibility. Also there need to be a proper flow and access of information regarding it.

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 Bibliography
Books :-
1. Policy Intervention Analysis: environmental Impact Assessment, The Energy and
Resources Institute, TERI (2014)
2. N. S. Raman, A. R. Gajbhiye S. R. Khandeshwar Environmental Impact AssessmentI
K International Publishing House Pvt. Ltd; First Edition edition (2014)
3. Aruna Murthy, Himansu Sekhar Patra. Environment Impact Assessment Process in
India And The Drawbacks, Environment Conservation Team (Vasundhara),
Bhubaneshwar, 2005.
4. P. Leelakrishnan, Environmental Law in India, Lexis Nexis (2016).
5. S. Shanthakumar, Introduction to Environmental Law, Lexis Nexis (2008).

Websites and Articles :-

1. http://www.moef.nic.in/division/introduction-8
2. http://envfor.nic.in/sites/default/files/24_Recent_Initiatives_CC.pdf
3. The Hindu Survey of the environment,2005,pg 91-97
4. "Principle of Environmental Impact Assessment Best Practice" (PDF). International
Association for Impact Assessment. 1999.
5. United Nations Conference on Environment & Development Rio de Janerio, Brazil, 3
to 14 June 1992 AGENDA 21
6. “ENVIRONMENTAL IMPACT ASSESSMENT GENERAL PROCEDURES”
(PDF), Pacifica F. Achieng Ogola, Kenya Electricity Generating Company Ltd.
(KenGen), P.O. Box 785, Naivasha KENYA,
7. “Unit-3 Environmental Impact Assessment (EIA)” (PDF),
https://nptel.ac.in/courses/120108004/module3/lecture3.pdf,
8. “ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN
INDIA”(PDF), http://www.caretrust.in/environmental%20laws.pdf,
9. Environmental Aspects of Quarrying of Minor Minerals, Report of the Group, MOEF.
Report available at,http://www.indiaenvironmentportal.org.in/files/file/min
ing_minor%20minerals_sand_India_moef.pdf
10. “ENVIRONMENT IMPACT ASSESSMENT PROCESS IN INDIA AND THE
DRAWBACKS” (PDF), Environment Conservation Team (Aruna Murthy, Himansu
Sekhar Patra), September 2005,

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11. https://elibrarywcl.files.wordpress.com/2015/02/environment-impact-assessment-
process-in-india-and-the-drawbacks-1.pdf,/
12. https://www.sciencedirect.com/topics/earth-and-planetary-sciences/environmental-
impact-assessment
13. http://www.biologydiscussion.com/environment/environmental-impact-assessment-
eia-definition-process-and-importance/16777

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