EIA 2020 Doesn't Preclude People From Reporting Environmental Violations; Expert Committee Constituted To Review Suggestions: Central Govt Tells Lok Sabha [Read Statements]

When asked whether the Government proposes to exempt the general public from reporting environmental violations to the concerned authorities under the new draft, the Ministry of Environment, Forest and Climate Change informed the Lok Sabha in a written response that in case of violations,

"The public, NGOs and other affected persons can approach any of the government authorities, who after preliminary verifications, can refer the matter to the Ministry or respective States for taking further action in the matter."

In reference to another question pertaining to the concerns expressed by UN Special Rapporteurs over the Draft EIA notification, the Ministry dismissed all apprehensions and said,

"as against the views expressed by the Special Rapporteurs, the draft EIA Notification, 2020, inter alia, does not

(a) give any exemptions from public consultation for large industries and projects;

(b) no change in the provisions with respect of public consultation in respect of projects or activities involving other strategic considerations;

(c) there is no provision for ex-post facto clearance of violation cases.

Such cases shall be liable for punitive action under Environment (Protection) Act, 1986 and in addition shall be liable for damage cost, etc."

The Ministry assured that the draft notification is consistent with the international law and clarified thus:

"The draft EIA Notification 2020 is not against the citizen's right to healthy environment. Rather, the draft, inter alia, promotes the environmental cause; removes redundancies; encourages modernization and Ease of Doing Business; brings defaulters into the environmental regime with requisite action, penalty and remediation; and introduces standardization and a technology driven process."

It further added that the draft notification follows the Polluter Pays Principle, the Precautionary Principle and the Public Trust Doctrine.

The Draft EIA Notification has been drawn flak from various corners for prioritizing expediency at the cost of transparency and concerns were raised on the ambiguity in character and language of the notification.

In response, the Ministry has constituted an Expert Committee under the chairmanship of Dr. SR Wate, former Director of NEERI, to review/ deliberate upon the comments and suggestions received on the draft.

Notably, the Karnataka High Court has stayed the publication of the Final Notification, based on the Draft notification 2020, until further direction.

The order was passed after the Court noted that the COVID-19 lockdown had deprived people of effective opportunities to submit their responses and objections to the draft. The bench had also noted that the draft notification was not published in Kannada language.

"Prima facie it appears to us that the Right of Citizens to file objection has been taken away," the Court said.

Earlier, the Delhi HC had directed the Centre to extend the last date of filing objections to the draft EIA notification from June 30 to August 11.

The Delhi HC had also directed that the notification should be publicized in local languages.

Click Here To Download Statement [Reporting Environmental Violations]

Click Here To Download Statement [UN Special Rapporteurs]

Click Here To Download Statement [Expert Committee]