NGT (Principal Bench): What to do with increasing violation of EIA Notification, 2006

The Principal Bench of the NGT in New Delhi delivered a judgment to keep in check the large number of violations of the Environment Clearance procedure as laid down under the EIA Notification of 2006.

Two petitions were filed by filed by Shri. Manoj Mishra of the Yamuna Jiye Abhiyan and Mr. Muthuraman, resident of Tirunelveli, which sought to challenge the Office Memoranda dated 12th December, 2012 and 27th June, 2013 issued by the MoEF, which allowed the consideration of proposals for Environment Clearance, even when such an application was made after the commencement of the projects requiring such clearance. The Tribunal held both OMs to be  ultra  vires  the provisions  of  the  Act  of  1986  and  the  Notification  of  2006 and declared them to be ineffective.

The bench has also been dealing with issues pertaining to the construction of green belts and their permitted uses, appeals against environmental clearances (Tidong –I HEP) and consequences after the construction of HEPs with regard to effect on the surrounding housing societies, among others.