POINT OF VIEW

Environmental clearance Acts and

Rules - Evolution and experience
Ajit K. Sinha and K.N. Jha

Many of the infrastructure projects, specially in the environment of India. The Constitution of India vide the
transportation sector, (Railways, Ports, Roads, / Highways 42nd amendment, has detailed and outlined this onus and
and Airports) have had time and cost overruns on account responsibility on the Government of India in Articles 48A
of delay in grant of environmental clearance also in and 51A (g) of the Indian Constitution. These articles provide
addition to delay in obtaining other approvals/clearances. that:
Though, prior to 1985, forest related legislations / Acts /
i. the state will protect and improve the environment
Rules existed but in isolated and exclusive domains. With and safeguard forests and wildlife of the country
the notification of the Environment (Protection) Act 1986 (Article 48A), and
followed by the Environment Impact Assessment, Rules,
2006, the related stipulations, regulatory norms started ii. every citizen is bound to protect and improve the
getting formalized and evolving. Herein, the legislative natural environment and to have compassion for
history of the Acts/Rules at different times in India and living creatures [ Articles 51A (g)].
across the World has been stated. Chronologically, the
USA (NEPA legislation) and European countries have an
The Ministry of Environment and Forests (MoEF), since
edge over other regions. Grant of forest clearance (FC)
then, has been renamed as Ministry of Environment, Forest
which comprises approval for diversion of forest land, if
and Climate Change, and is the nodal regulatory body of
that be the case of the project, took much longer time Government of India. Primarily, it is mandated to formulate
than it took for grant of environmental clearance in case policies, laws and rules related to environment, and issuing
of roads/highways projects in India. Use of technological environmental clearance (EC) for any developmental
advancements can be very helpful in mapping of roads project, as in the Schedule of the Environmental Impact
and railway line alignments, extent of forest cover getting Assessment (EIA) Notification, dated 14 September 2006 [1]
affected adversely by the proposed projects etc. Satellite under the Environmental (Protection) Act, 1986. With the
imaging techniques etc. can be used extensively for increase in number and sector specific infrastructure projects
evaluating the extent of human habitats getting displaced, entailing substantial private investment, several Acts, Bills
submerged, and affected. and their respective Amendments to ensure improvement
in quality of environment, were legislated in India.
Forest Conservation Act,1980, Environment (Protection)
1.0 INTRODUCTION Act,1986,the Coastal Regulation Zone,1991(notification)
The Government of India vide its policy and regulatory and the National Appellate Authority Act,1997 are some
functions, ensures protection and improvement of the of the critical laws that need to be complied with by the

34 The Indian Concrete Journal May 2017

POINT OF VIEW
proponents (applicants seeking environment clearance) 2006 provisions further ensured closer interaction between
for the projects. The Environment (Protection) Act (EPA) the State Governments and the Central Government. The
1986 was notified soon after the Bhopal gas tragedy (1984). improvements have been summarized in Table 1.
This Act is all encompassing in its mandate and empowers
the Government of India to effect measures for improving 2.1 Structure and other aspects of eia in
and protecting the quality of environment. The said Act india
mandates the Government of India to set standards for The EIA system, being multidimensional and
effluent discharge and emission as well as regulating interdisciplinary in nature, is concerned with identifying
location of industries. and evaluating direct and indirect impacts of a project on the
environment. These impacts are addressed by appropriate
2.0 ENVIRONMENT IMPACT ASSESSMENT (EIA) environmental protection and enhancement measures
Consequent to the Earth Summit held at Rio de Janeiro in and it needs to be ensured and should form an integral
1992 the EIA was notified in 1994 in India, based on the part of the proposal. The EIA system supports project
EPA 1986 and has seen further amendments in 1997, 2006 proponents in incorporating environmental considerations
and 2007. The updated processes and stages for getting the in project planning. The project cost should also account
environmental clearance in terms of the provisions of the for implementing measures for environment upkeep and
EIA Act are illustrated in Figure 1. Screening, scoping, public cost for complying with the conditions accompanying the
consultation, and appraisal are the four cardinal stages in environmental clearance granted by the regulator. Onus
the EIA process. for determining and disclosing all relevant inputs needed
for a methodical assessment of environmental impacts of
The EIA notification of 1994 was further improved upon with their proposed projects lies with the project proponent.
the more detailed notification of 2006. The latter provided Review of an EIA by Central Regulatory Authority/
for significant and elaborate arrangement for effectively State Environmental Impact Assessment Agency (SEIAA)
carrying out EIA. The provision comprised categorization is guided by the following criteria: (a) environmental
of projects in terms of set out parameters. The clearance considerations are integrated into overall project planning;
process was decentralized with some categorized as ‘B2’ and (b) the environmental impact assessment is sound,
projects falling within the competency of the concerned State and the proposed environmental mitigation measures
Governments for the purpose of granting environmental are effective. An effective regulatory review of an EIA
clearance. In fact the process was democratized and the depends on timely, full, and accurate disclosure of relevant

Table 1. Salient improvements in GoI’s EIA Notification of 2006 over EIA Notification of 1994
EIA Notification 2006 EIA Notification 1994
(including amendments)

Clearance process simplified - Previously all the projects figured in Schedule 1

required environmental clearance. Now, the projects have been categorized as “A”
& “B” and ‘B’ has further been bifurcated into B1 and B2 category. B2 projects Project proponents were required to seek clearance for all
would not required EIA report. Category B projects would be cleared by the the projects under Schedule 1 from the Central Government
respective State Governments.

Screening and scoping processes. The screening process has been specifically
detailed and the responsibility for carrying out scoping has been entrusted to
It was the project proponent who decided the TOR as well
the Expert Appraisal Committee. [EAC]. Scoping comprises freezing of Terms
as conducted the EIA study either by himself or through
of Reference [TOR] and the TOR is required to be displayed on the websites of
consultants.
State/ Union Territory Environmental Impact Assessment Authority [S/UEIAA].

Public consultation comprising public hearing :All projects categorized as ‘A’

& ‘B1’ are mandatorily required to undertake the public consultation. Some Provisions existed but the methods to be adopted weren’t
projects e.g. extension of road and highways, those that do not require any further that transparent and all encompassing.
acquisition of land etc. are exempt from carrying out public consultation.
Responsibility lies with the State PCBs/ UTPCBs.

The Indian Concrete Journal May 2017 35

POINT OF VIEW

Project Conception

Initial Screening by Project Proponent

Screening EIA Not Needed
in case the Project falls under
Category A or Category A/B

Preliminary Assessment

Regulatory Screening of CategoryA/B

Projects by MoEF/Regulatory
Authority. EIA Required Regulatory Scoping of
Category A Projects by
MoEF/Regulatory Authority
Category B
Scoping

Further Screening at State Level

(to determine Category B1/B2 Public Consultation
Impact Analysis

Project feasibility, EIA

Mitigation studies and publichearing

Category B1 Category B 2

Reporting

EC process Decision on EC
similar to that based on the Review by SPCB Public Hearing
for Category A, information
(at State Level) provided.

Review by MoEF

Not Approved Decision Making Approved

Redesign and Resubmit Implementation and Monitoring

Figure 1. Environmental approval process & EC project classification scheme

36 The Indian Concrete Journal May 2017

POINT OF VIEW
information in the EIA by project proponents to project Territory Pollution Control Committee (UTPCC) shall invite
stakeholders. An effective public participation in course of responses from such concerned persons by placing on their
preparation of EIA report plays a very important role website the summary EIA report prepared in the format as
and it facilitates assessment of application, seeking EC. specified in EIA Notification, 2006 and further amendments,
With a view to achieving an effective implementation and by the applicant along with a copy of the application in the
further clarifying the processing principles involved, prescribed form, within seven days of the receipt of a written
Government of India updated its EIA Notification in request for arranging the public hearing.
September 2006.
2.3 Public consultation - worldwide
2.2 Public consultation process Directive 2003/25/EC [2] governs issues related to the
The public consultation shall ordinarily have two ‘public hearing’ [EIA] in respect of Member States. The
components [1] comprising: EIA Directive does not define ‘reasonable time-frames’ and
leaves a margin of discretion for Member States to determine
i. a public hearing at the site or in its close proximity- ‘reasonable time-frames’ within their jurisdiction. The time
district wise, to be carried out in the manner prescribed frames adopted by the Member States in the consultation
for ascertaining concerns of local affected persons. phase, range from 14 days as the shortest time frame
(Bulgaria, Estonia) to 60 days as the longest time frame
ii. obtaining responses in writing from other concerned
(Italy) [2]. Most Member States have adopted a time frame
persons having a plausible stake in the environmental
of 30 days for the public consultation process to conclude.
aspects of the project or activity.

2.4 EIA as a regulatory tool

The public hearing at, or in close proximity to, the site(s) in all After the project is subjected to an EIA and the application
cases shall be conducted by the State Pollution Control Board for clearance is submitted and approved, MoEF issues an
(SPCB) or the Union Territory Pollution Control Committee environmental clearance (EC). The EC normally lists down
(UTPCC) concerned in the specified manner and the minutes a set of conditions for it to be valid. The EC is accompanied
of the proceedings shall be forwarded to the regulatory by conditions under which the project shall operate and
authority concerned within 45 (forty five) days of a request clearance has been granted. This is how the MoEF is able
to the effect, from the applicant. In case the State Pollution to regulate the operations of all environmentally critical
Control Board or the Union Territory Pollution Control projects and projects within environmentally critical areas.
Committee concerned does not undertake and complete
the public hearing within the specified period, and/or does The site of a project (e.g., in ecologically sensitive areas) is an
not convey the proceedings of the public hearing within important factor which decides whether an EC is required.
the prescribed period directly to the regulatory authority Ecologically sensitive areas include coastal areas (protected
concerned as above, the regulatory authority shall engage by the Coastal Regulatory Zone notification (CRZ), forests
another public agency or authority which is not subordinate (protected by the Forest Conservation Act), various areas
to the regulatory authority, to complete the process within a notified by the MoEF as Ecologically Sensitive Zones (ESZs),
further period of forty five days. for example, Doon valley, Taj Trapezium etc. to wetlands,
deserts, national parks, sanctuaries, corals, etc. (which are not
If the public agency or authority nominated above, reports protected by any specific Notification). In case of industries,
to the regulatory authority concerned that on account of the the Environmental Guidelines for Siting of Industry (framed
prevailing local situation, it may not be possible to conduct in 1985) and the Environment (Siting for Industrial Projects)
the public hearing in a manner which will enable the views Rules, 1999 have to be complied with.
of the concerned local persons to be freely expressed, it shall
report the facts in detail to the concerned regulatory authority, The following categories of projects/activities are exempt
which may, after due consideration of the report and other from public consultation as notified by EC notification dated
reliable information that it may have, decide that the public 14 September 2006: (i) modernization of irrigation projects
consultation in the case need not include the public hearing. (ii) all projects or activities located within industrial estates
For obtaining responses in writing from other concerned or parks approved by the concerned authorities, and which
persons having a plausible stake in the environmental aspects are not disallowed in such approvals; (iii) expansion of roads
of the project or activity, the concerned regulatory authority and highways which do not involve any further acquisition of
and the State Pollution Control Board (SPCB) or the Union land; (iv) maintenance and dredging provided the dredged

The Indian Concrete Journal May 2017 37

POINT OF VIEW

material shall be disposed within port limits; (v) all building complexes must have a clearly identified management with
or construction projects or area development projects (which the legal responsibility of ensuring adherence to the terms
do not contain any category A projects and activities) and and conditions of prior environmental clearance, and must
townships (vi) all category B2 projects and activities; and indicate the authority to be held responsible for violation of
(e) all projects or activities concerning national defence the same throughout the life of the complex/estate.
and security or involving other strategic considerations as
determined by the central government. 2.6 Important legislations regulating the
environmental clearances in india
2.5 Specified requirements for environmen- i. One of the earliest legislation in this direction was
tal clearance the Indian Forest Act, 1927 which provided for
Thresholds in respect of roads/highways, ports and airports consolidating acquisition of common property such
and other stipulations / governing criteria etc. for processing as forest. The nodal agencies for the purpose are the
and grant of environment clearance for projects in these respective State Governments and Forest settlement
sectors are spelt out in Table 2. officers.

ii. The Air (Prevention and control of Pollution) Act,1981

2.5.1 General condition (GC)
further amended in 1987 was legislated with the
Any project or activity specified in category B will be mandate to the Government for ensuring prevention
treated as category A, if located in whole or in part within and control of Air pollution including noise pollution.
10 km from the boundary of: (i) protected areas notified The Government was further mandated to set up and
under the Wild Life (Protection) Act, 1972; (ii) critically constitute pollution control boards at Central and
polluted areas as notified by the Central Pollution Control State Government level. No one could establish or
Board from time-to-time; (iii) eco-sensitive areas as notified operate any industry without the concerned Board’s
under section 3 of the Environment (Protection) Act, 1986, clearance.
such as Mahabaleshwar, Panchgani, Matheran, Pachmarhi
Dahanu, Doon Valley, and, (iv) inter-State boundaries and iii. The Water (Prevention and Control of Pollution) Act,
international boundaries, provided that the requirement 1974 and further amended in 1988 mandated the
regarding distance of 10 km of the inter-state boundaries can Government to ensure prevention of degradation
be reduced or completely done away with by an agreement of quality of water, restoration of water quality.
between the respective states or Union Territories (UTs) No industry can be established or operate without
sharing the common boundary in case the activity does not clearance from the respective Pollution Control
fall within 10 km of the areas mentioned at item (i), (ii) and Boards. No developer is permitted to discharge
(iii) above. sewage or industry effluents in any river/stream.

iv. The Wildlife (Protection) Act,1972 and further

2.5.2 Specific condition (SC)
amended in 1993 stipulates that any industry or
If any industrial estate/complex/export processing zone/ other developmental activities (including road and
special economic zone/biotech park/leather complex highway projects) requiring prior EC in terms of the
with homogeneous type of industries, such as chlor-alkali thresholds detailed in the EIA notification, Sept 2006
industry, leather /skin / hide processing industry, petro- shall have to obtain Wildlife Clearance if the project
chemical based processing units and synthetic organic is proposed to be located inside of 10 kms of any
chemicals industry located outside industrial area for National Park/Wildlife Sanctuary.
category ‘A’ projects and located within industrial area for
category ‘B’ projects or those industrial estates with pre- v. The Forest Conservation Act,1980 and further
defined set of activities (not necessarily homogeneous), amended in 1988 aimed to empower the Central
obtains prior environmental clearance, individual industries Government to ensure prevention of depletion of
including proposed industrial housing within such estates/ forest area. It prevents de-reservation of forest land
complexes will not be required to take prior environmental and to ensure that forest land is not used for non-
clearance, so long as the terms and conditions for the forest purposes without the express approval of the
industrial estate/complex are complied with. Such estates/ Central Government.

38 The Indian Concrete Journal May 2017

POINT OF VIEW
Table 2. Categorisation and conditions for accord of environmental clearance
Project or Activity Category with threshold limit Conditions if any

A B

(1) (2) (3) (4) (5)

1 Physical infrastructure including environmental services

Note: air strips, which do not involve

All projects including air strips
1a Air ports bunkering /refueling facility and or air
which are for commercial use.
traffic control, are exempted.

General condition shall

apply
Note:
(i) Capital dredging
inside and outside the
< 5 million TPA of
ports or harbors and
>5 million TPA of cargo handling
Ports , harbours, channels are included.
cargo handling capacity and/or
1b breakwaters, and (ii) Maintenance
capacity (excluding ports/ harbours
dredging dredging is exempt
fishing harbours) >10,000 TPA of fish handling
provided it formed part
Capacity
of the original proposal
for which Environment
Management Plan (EMP) was prepared
and environmental
clearance obtained.

(i) new national highways, and

(i) all new state
(ii) expansion of national
highways projects,
highways greater than 30 km, General condition shall
and
involving additional Apply
1c Highways (ii) state highways
right of way greater than 20m Note: highways include
expansion projects in hilly terrain
involving land acquisition and Expressways
(above 1000m AMSL) and or
passing through more than
ecologically sensitive areas.
one state.

2 Construction/Township/Commercial Complexes/Housing

The built up or covered

area on all the floors
put together including
Building and >50000 sq. m. and basement(s) and other
2a
construction projects <1,50,000 sq. m. of built-up area service areas, which
are proposed in the
building/construction
projects.

The built up or
covered area on all
the floors put together
Covering an area ++All projects under
including
>100 ha and / or built up area Item 8(b) shall be
2b basement(s) and
>1,50,000 sq. appraised as category
other service areas,
m. B1
which are proposed
in the building /
construction projects.

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POINT OF VIEW
vi. The Environment (Protection) Act 1986 further 3.0 EVOLUTION OF THE EIA SYSTEM ACROSS
amended in 1991 mandates ensuring prevention THE WORLD
of discharges or environment pollutants beyond
The European countries started with the process of enacting
prescribed limits and also to ensure handling
legislations for EIA as a follow up to the approval of the
of hazardous substances in accordance with the
European Directive on EIA in 1985. Regulatory framework
standards and procedures set out by the respective
and guidelines on EIA were established in West Germany
authorities.
(1974), France (1976), Canada (1973) and Australia (1975)
vii. The above crucial Acts are summarized in Table 3. etc. Among researchers and authors there is unanimity
that in the year 1969 the U.S.A. was the first nation to
establish formally, legislation requiring EIA by way of
2.7 Exemption (relaxation) in clearances to the U.S. National Environmental Policy Act (NEPA) [3].
linear projects Subsequently, Council on Environmental Quality (CEQ) was
MoEF on 19th March 2013 partially modified the provisions established by NEPA for assisting in the interpretation of
of the Forest Conservation Act 1980 with a view to providing NEPA’s provisions and procedures. The broad mandate of
for non-forest use of forest land. Provisions were made for NEPA was to ensure creation of and maintaining conditions
grant of EC to linear projects, of course subject to fulfillment conducive to harmonious existence of man and nature. In the
of additional conditions viz. work on non-forest land may U.K. several laws got legislated that served as the foundation
only be executed up to such point (to be selected by the user stone for EIA, 1988 onwards. These legislations implemented
agency) on either side of forest land. This was permitted the European Commission Directives 85/337/EEC (CEC
under explicit certification by the user agency that if approval 1985) including its amendments. The directives itself grew
under the Forest (Conservation) Act 1980 for diversion of out of a concern for physical environment and preventing
forest land is declined, it is technically feasible to execute its further deterioration. Provisions contained in Directive
the project along an alternate alignment without involving 85/337 [an offshoot of European Communities Act of 1972]
diversion of forest land. Further, commencement of work on are the statutory documents which spell out the rules for
non-forest land will not confer upon the user an assurance EIA to be carried out by the Member States. In terms of the
for grant of final approval under the Forest (Conservation) above Directive, EIA is mandatorily required for classes of
Act, 1980. projects appearing in Annexure –I of the Directive, whereas,
projects figuring in Annexure-II provides for discretion
to authorities for carrying out EIA. Annexure-I projects

Table 3. Summary of key environmental acts in India

S. no. Name Scope and objective Operational agencies/key players

Mandates consolidation of acquisition of State Government, Forest

1. Indian Forest Act, 1927
common property such as forests Settlement Officers

Wildlife Protection Act, 1972, Wildlife Advisory Boards, Central Zoo

2. To protect wildlife
amended, in 1993 Authorities
Constitutes provisions for the prevention and
Water (Prevention and Control of
3. of water pollution and enhancing the quality of Central and State Pollution Control Boards
Pollution) Act, 1974, amended in 1988
water

Forest Conservation Act, 1980, To halt India’s rapid deforestation and resulting
4. Central Government
amended in 1988 environmental degradation

Air (Prevention and Control of Details provisions for prevention, control and
5. Central and State Pollution Control Boards
Pollution) Act, 1981, amended in 1987 abatement of air pollution

To provide for the protection and Central Government, nodal agency MoEF,
Environment (Protection) Act, 1986,
6. improvement of the environment under an can delegate powers, State Departments of
amended in 1991
umbrella legislation Environment

40 The Indian Concrete Journal May 2017

POINT OF VIEW
primarily consists of those related to crude oil refineries, is not a prerequisite for grant of “Prior Environmental
coal / shale, thermal power station, nuclear power stations, Clearance”(MoEF OM dated 2nd Dec 2009 ).
large scale projects for damps reservoirs pipelines for gas,
waste water treatment etc. Further, for identifying a The Forest Clearance process comprises 2 stages: stage I and
st
project figuring under Annexure-II, a combination of both, II. The 1 stage constitutes in-principle approval in addition
1) thresholds and 2) a case by case approach is followed by to depositing money for Compensatory Afforestation. No
Member States. However, still, major variation in the activity is allowed to be undertaken by the project-proponent
nature of thresholds used,exists among different Member until stage II clearance (Final) is accorded. Stage II clearance
States e.g. in afforestation projects from an area of 30 hectares involves compliance of set out conditions under Stage-I
in Denmark to 350 hectares in Portugal, triggers mandatory approval, followed by handing over of the land. Previously,
EIA. EC and FC were being sought independently, however, with
the MoEF notification dated 19.03.2013 Forest Clearance has
EIA procedures and legislations were finalized/adopted in been delinked for linear projects (roads/highways,pipeline
China in 1989 [13], in Cambodia in 1996, in Laos in 1999, in projects etc.).
Vietnam in 1993, and in Thailand in 2002. The EIA system
adopted/in existence worldwide, have a very comprehensive 5.0 ENVIRONMENT MANAGEMENT PLAN
objective of making the decision-makers fully aware of the (EMP)
environmental consequences that will follow their decision
Environment impact assessment precedes formulation
in the proposed action.
of Environment Management Plan. In the process of the
said assessment the direct, indirect, intangible/induced
Despite the EIA law of 2002 enacted in China, wherein
and short/long term environment impacts, their range and
public participation is enshrined under Articles 11 and 21,
scope, those that may cause risk to and adversely affect
researchers are of the view that initially public participation
the physical, socio-economic and biological resources, are
in the EIA process was limited [12]. In many of the countries
carried out in co-ordination with all the stakeholders and
several laws have been enacted since 2002 to mitigate
affected people. The study also incorporates processing and
adverse environmental impact and for improving forestry
examining of “Alternatives” to the projects’ location, design
management. These laws/legislations were drafted/enacted
etc. with a view to avoiding adverse environmental effects
in response to and for complying with the conditions
regarding proper land use and progressive forest reforms, or at least minimize such risks. Such assessment studies also
laid down by the World Bank for the release of Structural cover the geographical “area of influence” of the project. The
Adjustment Credit Loans. likely risks and impacts on account of the proposed project
shall cover the whole project-cycle including at relevant i)
4.0 DETAILS OF FOREST CLEARANCE preconstruction, ii) construction, and (iii) operation and
maintenance stages.
Protected areas like National Parks are completely free from
human activities and are notified under Forest Protection The client/proponent has to prepare the EMP which
Act (1980) and/or Wildlife (Protection) Act,1972 and their necessarily should comprise:
respective amendments. Wildlife clearance is a prerequisite
to obtaining “Forest Clearance” if the project involves i. mitigation measures,
forest land diversion in Protected Areas even for roads/
highway projects. In fact, all projects/developmental ii. implementation schedule, cost estimates, and
activities including projects of roads/highways requiring performance indicators, and
prior EC in terms of the thresholds notified under EIA iii. contingency plan for quick response in case of
stipulations,2006, require Wildlife Clearance if the projects’ emergency situations and should have an in-built
location falls within 10 kms of the geographical boundary of detailed environment impact monitoring and
any Wildlife Sanctuary/National park as per the provisions reporting mechanism.
of the Wildlife (Protection) Act,1972. The National Board
of Wildlife (NBWL) was constituted by the Government of
India as a follow-up to the Wildlife (Protection) Amendment The EMP must ensure that mitigation measures proposed
Act (2003).Prior clearance/approval from the NBWL and e.g.design, construction including O & M of any project is in
the Supreme Court, Government of India, is essential for complete synergy with the extant and applicable Acts, Rules,
obtaining wildlife clearance. However, Wildlife Clearance Laws, Notifications and regulatory provisions. Mitigation

The Indian Concrete Journal May 2017 41

POINT OF VIEW
Table 4. Projects where forest land required diversion & where wild life clearance was required (as on 29.09.2014).
S l . Name of Projects ENV. Clear- Forest Clear- Area for Wild life clearance
No. ance (Time) ance (Time) diversion (Time)
(ha)
7 8 . 0 1 +
1 Kishangarh-Udaipur – Ahmedabad section of NH-8 2 yrs 1 yr 8.5 mth NA
173.39 [*1]
Gomati Chauraha – Udaipur section of NH-8 (from Km 177/000 TO Km 260/100) in the
2 1 yr 3 mth 2 yrs 6 mth 267 NA
State of Rajasthan
3 Jhalawar – Biaora section of NH-12 in the State of Rajasthan 1 yr 10 mth 2 yrs 12.6 NA

Rehabilitation and upgrading to 2 Lane with paved shoulder of NH-232A (Unnao-Lal-

4 1 yr 5 month No data 66 NA
ganj Section) in the state of Uttar Pradesh

Rampur-Kathgodam Section from Km 0.000 (Km 190.000 of NH-24) to Km 88.000 of NH- 54.76+ 59.24
5 1 yr 10 mth 3 yrs 9 mth NA
87 in the States of Uttar Pradesh and Uttarakhand [*2]
Hospet - Chitradurga section of NH-13 from Km 299.000 to Km 418.600 in the State of
6 1 yr 7 mth 3 yrs 6 mth 53.6 NA
Karnataka
Hospet-Bellary-AP/KNT Border Section of NH-63 from Km.280.300 to Km.375.740 in
7 1 yr 9 mth 3 yrs 2 mth 12.9 NA
the State of Karnataka

MH-KNT Border to Sangareddy Section of NH-9 from Km.348.800 to Km.493.000 in the

8 1 yr 8 mth 2 yrs 7 mth 5.6+2.8 [*3] NA
State of Karnataka and Andhra Pradesh

Shivpuri-Dewas Section of NH-3 from km.236.000 to km. 566.450 in the State of Madhya
9 1 yr 3 yrs 6 mth 39.63 NA
Pradesh
10 Sultanpur-Varanasi Section of NH-56 in the State of Uttar Pradesh 11 mth 11 mth 133.22 NA

Varanasi-Indo-Nepal border of NH-233 ( Varanasi-Indo-Nepal border, Pkg-II, Ghaghra

11 1 yr 8 mth 1 yr 7 mth 50.51 NA
bridge section)
Agra – Etawah Bypass Section of NH-2 from Km. 199.660 to Km. 323.525 in the State of
12 1 yr 1 mth 2 yrs 6 mth ## NA
Uttar Pradesh
2 Lane with paved shoulder of NH-231 (Raebareilly – Jaunpur Section) and NH-232
13 1 yr 2 mth 2 yrs 6 mth ## NA
(Ambedkar Nagar – Banda Section) in the state of Uttar Pradesh

14 Pratapgarh–Padi section of NH-113 FROM KM 80.00 TO KM 180.00 of NH-113 8 mth 2 yrs 6 mth 42.35 NA

2-lane with paved shoulders in Padhi –Dahod Section of NH-113 in the State of Rajasthan 4.42 + 1.5
15 1 yr 11 mth 1 yr 8 mth NA
& Gujarat (Length 87 Km): [*4]

For 4-laning of Amravati – Gujarat- Maharashtra District Border (in Km.167/000 to

16 1 yr 6 mth 3 yrs 2 mth 48.61 NA
Km.649.000) Section of NH-6 in the State of Maharashtra

Four Laning of ObedullaganjBetul Section of NH-69 From Km 2.800 to 8.300 and from
17 Km 20.700 to Km 137.000 (Excluding Wild Life Sanctuary from Km 8.300 to Km 20.700) 2 yrs 2 yrs 10 mth 153.54 NA
(Except 28+000 to Km 61+500 as Two Lane with Paved Shoulder) in the State Of MP

Four Laning of Rewa-Katni-Jabalpur Section of NH-7 From Km 242.3 to 465.5 in the State
18 1 yr 3 mth 3 yrs 5 mth 16.89 NA
Of MP as BOT (Toll) Project On DBFOT

19 Part-II (Panagar Bypass and existing Jabalpur Bypass) 1 yr 1 yr 4 mth 0.46

Four Laning of Gwalior-Shivpuri Section of NH-3 & 75 From Km 103 to 236 in the State
20 2 yrs 4 mth 3 yrs 4 mth ## 3 yrs 7 mth
of MP
Wild life clearance
Widening and improvement of existing 2- lane to 4 lane of Kiratpur - Bilaspur Section of
21 7 mth 2 yrs 3 mth ## involved but no
NH-21 in the State of Punjab and Himachal Pradesh(F.No.10-1228/2011.IA.III)
time data available
Wild life clearance
4 lane to 4 lane of Bilaspur- NerChowk Section of NH-21 from Km 134.500 to Km. 186.500
22 1 yr 4 mth 1 yrs 1 mth ## involved but no no
in the State of Himachal Pradesh
time data available
Four Laning of Solapur-MAH/KNT Border Section of NH 9 in Km. 249/000 to Km. 4.14 + 0.4
23 1 yr 11 mth 10 mth 2 yrs 2 mth
348/800 in the State of Maharashtra. [*5]
Four Laning of Solapur-Bijapur Section of NH-13 in Km. 0/000 to Km. 110/542 in the
24 1 yr 3 mth 7 mth 2.665 2 yrs 2 mth
State of Maharashtra and Karnataka
Sitar Ganj-Tanakpur Section from Km 0.000 to Km 52.200 of NH- 74 in the States of Uttar
25 2 mth 1 mth 36.47 NA
Pradesh and Uttarakhand
Kashipur-Sitar Ganj Section from Km 175.000 to Km 252.200 of NH- 74 in the States of
26 4 mth 4 mth 2.95 NA
Uttar Pradesh and Uttarakhand
## Data are not available
[*1] In the States of Rajasthan & Gujarat. [*2] In the States of Uttar Pradesh & Uttarakhand. [*3] In the States of Karnataka & Andhra Pradesh. [*4] In the States of
Rajasthan & Gujarat.[*5] 2 district in Maharashtra (Osmanabad & Solapur). Source :- http://www.nhai.org/Env.asp
Note: The time stated for EC, FC and wild life clearance in respect of the road in Table --- has been reckoned from the details of the concerned projects as available
in the “source “

42 The Indian Concrete Journal May 2017

POINT OF VIEW

measures shall be planned and designed in such a way so as A total of 23 Specific Conditions and 9 General Conditions
to ensure that “no net loss of biodiversity” is achieved (India were spelt out and appended to the two clearances for
Infrastructure Finance Company Limited; IIFCL). Extent compliance. It is important to note that Appeal can be filed
of projects’ impacts and risks on biodiversity shall form an against any EC granted within a period of 30 days in terms
integral part of the assessment process and the provisions of of section 16 of the National Green Tribunal Act, 2010. The
the documented EMP must contain measures for preventing
EC and CRZ clearances were accorded on January 1, 2014
degradation of: (i) modified habitats (where the natural
[4]. In other words it took simply one year to accord the EC
habitat has been altered on account of introduction of alien
and CRZ Clearance.
plants and animals) and (ii) natural and critical habitat.

6.0 TIME-LINES FOR ACTIONS BY 7.1.2 Development of Southern Dock Complex and Oil
CONCERNED AUTHORITIES FOR ACCORD OF jetty at Paradip Port, Project (State of Odisha) –
EC This project comprised development of multipurpose
Ministry of Environment & Forest, Government of India is terminal for handling ‘clean cargo’ viz. containers and
the regulatory authority at the Central Government level steel exports from the existing green field steel industries.
and the State Environment Impact Assessment Authority The EC and CRZ clearances were issued by the Ministry of
(SEIAA) at the state level for category ‘A’ and category ‘B’ Environment and Forests, Government of India on 13th July
projects described in the schedule. The time lines in regard 2012 and the clearances comprised of 14 Specific Conditions
to prior environmental clearance are shown in Table 4. The and 9 General Conditions to be complied with [5].
stage of “public consultation process” is normally the most
time consuming one. In case of many projects spanning 7.2 Roads/highway projects
more than one state, arranging and concluding the public
hearing with stakeholders required tremendous patience A total of 6 Road/Highway projects located in the State of
and continuous perusal. Uttar Pradesh & Madhya Pradesh each, were taken up for
detailed case studies. All these projects involved diversion
7.0 CASE STUDIES – EC AND FC REGARDING of forest land. Further, it also involved conducting public
A snapshot of the details pertaining to the port, road, and hearing in more than one district of the States. Similarly,
airport projects in India is given in the following paragraphs. 3 projects spanning the two States of Uttar Pradesh and
All the cardinal issues and time period taken in relation to Uttarakhand as well as 2 projects spanning the two States
grant of environmental clearance and forest clearance are Rajasthan and Gujarat were analysedvis-a-vis the time
spelt out. consumed for obtaining EC and FC. In all, 26 projects
were analysed and it was found that in nearly 14 of these
7.1 Port projects projects (53.85%), the time taken for grant of forest clearance
7.1.1 Dhamra Port Project (State of Odisha) – was either twice or more than two times the time taken for
The project entailed expansion of Dhamra Port project. granting EC. The input data for the case studies of the above
Environmental Clearances as well as clearances in terms roads/highways projects have been gathered and collated in
of the Coastal Regulatory Zone stipulations were required. the Table 5[10]. The Table also shows the time period taken
The process seeking the above two clearances was initiated for grant of EC and FC for other road projects also. From the
on 20.12.2012 by the Environment-cum-special Secretary Table 5 [only 26 road projects for which data in regard to EC
to the Government of Odisha starting with the sending of and FC is available], it is seen that an average of 16.04
the proposal to the Ministry of Environment and Forests, months’ time has been consumed for grant of EC with the
Government of India (IA Division). The EIA comprised
highest being 28 months and the three lowest being 2,4 and
addressing all issues pertaining to marine, terrestrial and
7 months. Similarly, in regard to forest clearance an average
socio-economic aspects of the project including a hydro-
of 25.74 months has been consumed for grant of the same
dynamic study of the effect of dredging. The said study
suggested that no significant impact on the shoreline with the highest being 45 months and the lowest three being
abutting the project shall take place. 1,4 and 7 months.

The Indian Concrete Journal May 2017 43

POINT OF VIEW
7.3 Airport projects 7.3.2 Greenfield International Airport at Mopa, Goa
7.3.1 Greenfield International Airport at Shamshabad, Ministry of Environment and Forests had constituted a High
near Hyderabad Level Working Group (HLWG) under the Chairmanship
of Dr. K. Kasturirangan, Member (Science), Planning
The environment clearance was based on the EIA study
Commission vide office order dated 17.08.2012 to study
comprising aspects covering environmental quality
the preservation of the ecology, environmental integrity
monitoring, waste water management, green house guest
and holistic development of the Western Ghats in view of
management and development of green belt, rain water
their rich and unique biodiversity. The HLWG submitted
harvesting and water treatment etc. In fact the EMP too for
its report to the MoEF on 15th April 2013. The HLWG
the above project covered the above aspects. The greenbelt
identified 37% of natural landscape having high biological
has been developed covering an area of 273 hectares and
richness, low forest fragmentation, low population density
971 hectares of natural greenery has been left undisturbed
and containing Protected Areas, World Heritage Sites and
as required in the details of the EMP [6]. This green cover
Tiger and Elephant corridors as an Ecologically Sensitive
facilitated in removal of 124 tonnes of carbon dioxide
Areas (ESA) [7].
annually from the environment comprising the airport
and its surrounding areas. The mechanism for carrying
out environmental monitoring analysis covered various 7.4 Worldwide projects – case study related
parameters of the ambient air as well as stack, water, soil, to environmental issues
wastewater and noise, in and around the airport site.
7.4.1 Mekong river basin projects
Six countries are located in the Mekong River Basin. The river
MoEF has granted environmental clearance for expansion starts from Tibet in the West and traverses through China,
of Hyderabad international airport at Shamshabad on 10th Myanmar, Laos, Cambodia, Thailand, and Vietnam. As
April, 2007, Letter no. 10- 14/2006-IA-III. such any water related project in the Basin area is certain to

Table 5. Time line for efficient and prompt action by authorities for speedy grant of EC
Sl.no. Activity Time line

Constitution of the State Environment Impact Assessment Authority within 30 days of the receipt of the names from the State Gov-
1
(SEIAA). ernment / Union Territory administration.
Scoping - This stage constitutes firming of “Terms of Reference”(ToR)
2 and while finalizing the ToR the ones proposed by the applicant is also within 60 days of receipt of the Form 1/Form 1A.
examined.
To be completed within a period of 45 days of a request to the
3 Public consultation-
effect from the applicant.

In case this does not get completed within the said period another au-
4 thority or agency can be engaged for the work for completing the public To be completed within a further period of 45 days.
hearing.

The appraisal of the application by the Expert Appraisal Committee To be completed within a period of 60 days from the receipt of
5
(EAC)/State Level Expert Appraisal Committee (SLEAC). the EIA report and other documents.

The EAC/SLEAC shall place their appraisal for final approval before the within a period of 15 days of completion of the appraisal by
6
competent authority. them.

within a period of 45 days from the date of receipt of the rec-

ommendations of the EAC/SLEAC or within 105 days of the
7 The regulatory authority shall convey its decision to the applicant.
receipt of the EIA report except in case of the regulatory author-
ity’s disagreement with the final EIA report.

44 The Indian Concrete Journal May 2017

POINT OF VIEW
have a trans boundary environmental, economic and social process. Complexity and quantum of problems faced by the
impacts on the populace, flora-fauna, and other inhabitants/ proposed project govern the cost involved in undertaking
species in the basin area [11]. Resultantly, it is very desirable the EIA. The cost normally is of the order of 0.1 to 2.0 % of
that the country specific laws, rules and policies related to the total investment [8].
the fallout from the environmental impacts are framed and
implemented in a well coherent and co-ordinated manner.
Use of traditional mechanisms for gathering input data, 8.2 Responsibility for EIA
often leads to misleading information particularly with The ultimate responsibility for design of the development
regard to expanse of affected area. This happened in many projects and their upkeep besides safeguarding the
of the transboundary EIAs also known as TIAs, conducted environment in the respective developing countries lies
for Mekong river basin water-related projects. Resultantly, with the governments. The OECD further underscores the
only “selective impact area” instead of the “potential impact need that the donors are to ensure that an EIA of the aid-
area” got reflected and factored in the EIA. As such use of assisted project takes into account the environmental laws
advanced technological methods viz. satellite imaging for and regulations of the recipient countries. Onus for EIAs to
mapping affected habitats as well as other geographical and be carried out and paid, lies with the developers, whereas, in
biological formations shall project a more realistic picture in Belgium [9] the EIA is carried out by the experts engaged by
this regard. While legislating laws and their implementation authorities responsible for environment matters.
and decision making should not allow short term benefits
to trump other more related concerns. Power asymmetry is
manifest in the Mekong basin countries resulting in muted 9.0 DISCUSSION AND CONCLUSION
resistance to related undue activities by the countries located The Government of India’s concern for environmental
in the upstream. impacts started getting formalized with the setting up of
the Ministry of Environment and Forest in 1985. This was
followed by enactment of the Environment (Protection)
8.0 WORLD BANK, ADB AND OECD – Act, 1986 in turn framing and notifying the Environment
PERSPECTIVE ON AID AND ENVIRONMENT (Protection) Rules,1986. An important milestone in the course
The aid agencies shall assess the environmental impact of of enacting successive legislations by the Government of
development assistance projects which because of their India, is the Notification dated 14th September, 2006 wherein
nature, size and location could significantly affect the the MoEF, Government of India has mandated seeking
environment [8]. The World Bank’s detailed guidelines to be “prior environmental clearance” in case of construction of
adhered to for evaluating the environmental impacts have new projects and other activities appended as Schedule to
been published in Environmental Assessment Sourcebook (1991). the said notification entailing capacity addition or change in
Planning and implementation process of the projects by the process or technology etc.
WB hinges upon the central concepts of: (i) environmental
economics, (ii) sustainable development, and (iii) complete
project cycle. The Bank considers all these project specific The assessment process of impacts on the environment and
variables to be related. affected people is very complicated, vast and varied as well
as interdisciplinary in nature. Further, it is very difficult
for, even experts in the field, who attempt at estimating the
8.1 Time and cost requirements for EIA costs and benefits of these impacts. The difficulty starts with
establishing the baseline values of the existing environment
Determination/allocation of time for initial EIA is a difficult
as well as estimating the change in these values on account
process. The initial EIA is required to be carried out during
of the project/activity.
the planning phase of a project and as such, is a function
of the planning procedures and project characteristics. The
assessment is also contingent upon the availability of its From the Table 4 it is clear that EC for most of the roads/
baseline data for conclusion of the process. Simultaneous highways projects took lesser time (significantly lesser time
action during the EIA and planning process ensures use of in some of the projects) than the time taken for accord of
common data leading to a robust and much more efficient FC. However, as per the relevant rules and provisions, no
EIA and that is in synergy with other aspects of the planning activity can be started till Stage-II clearance is given by

The Indian Concrete Journal May 2017 45

POINT OF VIEW
the MoEF. This becomes very time consuming wherever 5. MoEF, (IA Division) GoI, letter bearing No. 11-117/2009-IA-III
diversion of Forest land is involved particularly if the project dated 13.07.2012.
is spread over more than one State geographically. Therefore, 6. h t t p : / / w w w . a d b . o r g / s i t e s / d e f a u l t / f i l e s / p r o j e c t -
appropriate level of co-ordination and cohesion between the document/80396/47083-002-sddr-02.pdf accessed at 4:45 pm on
concerned line Ministry, proposing the project and the MoEF 07.06.2016
is inevitably required. Though the regulator is the MoEF for 7. http://environmentclearance.nic.in/writereaddata/EIA/210
grant of EC there are numerous authorities/entities viz. 42015OVLC0QNFOnlyEIAReport.pdf accessed at 02:15 pm on
those associated with the (i) grant of Wild Life clearance 10.06.2016
(ii) Coastal Regulatory Authority (iii) Agriculture Ministry
8. OECD (1992) Guidelines on Environment and Aid: Good
(iv) State Governments (when political considerations start practices for Environmental Impact Assessment of Development
weighing upon the decision making process in India ). Still, Projects. OECD, Paris. http://www.oecd.org/dac/environment-
it’s on a healthy course in India, as the policies related to EC, development/1887592.pdf
has been nearly very dynamic in nature and has come a long 9. http://ec.europa.eu/environment/archives/eia/pdf/eia_study_
way since 1985. june_09.pdf

10. Environment/Forest/Wild/Life clearance (As on 29.09.2014)

http//www.Nhai.org/Env.asp accessed on 19.05.2015.
References
11. L i, Jennifer C. (2008) Environmental Impact Assessments
1. MoEF Notification dated 14.09.2006.-Environment (Protection)
in DevelopingCountries: An Opportunity for
Rules, 1986.
GreaterEnvironmentalSecurity.Working Paper No. 4.
2. Euro. Comm Directive 85/337/EEC(CEC 1985) http://www.
12. Wang, Ziuan and Dien Sue Liang, (2005) Public participation in
ecolex.org/ecolex/ledge/view/RecordDetails?index=docume
environmental impact assessment (EIA) Law of China- http//
nts&id=LEX-FAOC018644 accessed at 12:50 pm on 13.05.2016
www.riel.whu.edu.cn/show.asp- quoted by Jennifer C. Li-
3. NEPA-https://www.epa.gov/laws-regulations/summary- working paper No.4, (2008) EIA in Developing Countries: An
national-environmental-policy-actaccessed at 12:50 pm on opportunity for greater Environmental Security.
04.05.2016
13. Wenger, B.,Robert and Xiaoying, MA Huadong Wang (1990)
4. MoEF, (IA Division) GoI, letter bearing No. 11-117/2009-IA-III “Environmental Impact Assesment in the People’s Republic of
dated 01.01.2014. China”. Environment Management Vol.14 No.4 pp 429-439.

Ajit K. Sinha holds a B.Tech (Civil) from IIT BHU; M.Tech from IIT Delhi; pursuing his PhD with IIT Delhi.
He is a Superintending Surveyor of Works (Civil)-III. He has worked with the Civil Construction Wing,
All India Radio for nearly 30 years. His areas of interest are arbitration and issues related to public private
partnership projects. He has overseen many projects of All India Radio and Doordarshan executed in the
North East region of India.

Dr. Kumar Neeraj Jha is with the Department of Civil Engineering, IIT Delhi. He started his career with
Larsen and Toubro Ltd and was instrumental in successful completion of a number of construction projects
of national importance. He has published more than 50 papers in a number of national /international
journals and conference proceedings. He has supervised three PhD students and more than 50 M.Tech.
students. His books on Construction Project Management published by Pearson Education and Formwork
for Concrete Structures published by Tata McGraw Hill are considered as one of the text books in different
universities.

46 The Indian Concrete Journal May 2017