In a recent development, the Supreme Court (SC) has paused the Environmental Clearance (EC) process that was initially accorded for the construction of a Greenfield International Airport at Mopa in Goa. This decision was taken due to several identified issues in the clearance procedure.
Reasons for Suspending the EC
The SC cited numerous procedural faults as grounds for the suspension. A few notable oversights include inhabitants of the proposed project area not being consulted adequately and the omission of critical data in the EC application form and the Environment Impact Assessment (EIA) Report. Plus, the Expert Appraisal Committee (EAC) was found to have approved the EC without a thorough analysis of the EIA report. Furthermore, the National Green Tribunal (NGT) neglected to perform a merit review of the appeal against the EC given to Mopa Airport.
Noteworthy Points from the Judgement
The court introduced the term “Environmental Rule of Law” and emphasized that every branch of governance and all institutions across the nation should strive to enforce this principle without fail. This concept is particularly applicable in cases related to environmental governance, where courts are required to assess the case based on its merits with the available materials. Such matters do not only concern the current population but also future generations, thereby underscoring the importance of the environment to life preservation.
| Key Terms | Descriptions |
|---|---|
| Environmental Rule of Law | A principle based on four pillars of sustainable development—economics, social factors, the environment, and peace. It infuses environmental goals with legal principles and drives the reform of environmental law and governance. |
| Environment Clearance (EC) Process | A procedure to receive clearance for a project, involving an EIA report preparation, public hearing conductance, issuing of ‘Consent to Establish (NOC)’ by state regulators, and submission of documents to Ministry of Environment and Forests (MoEF). |
| Environment Impact Assessment (EIA) | A study to predict the potential effect of a proposed project on the environment. The process includes screening, scoping, impact prediction, and public consultation. |
The Principle of Environmental Rule of Law
The environmental rule of law is grounded in the four pillars of sustainable development—economic, social, environmental, and peace. This concept imbibes the essence of rule of law into environmental objectives and serves as the foundation for environmental law and governance reforms. Its effects are most directly seen in the environmental protection sector, but it also strengthens the broader rule of law, supports sustainable economic and social growth, preserves public health, contributes to peace and security, and safeguards human and constitutional rights.
Understanding the Process of Environment Clearance (EC)
For a project to receive an EC, an EIA report must be prepared first. This is followed by the conductance of a ‘Public Hearing’ to consider the concerns of residents in the proposed project area. An application form filled with EIA report, details of the public hearing, and NOC, is submitted for EC to the MOEF or the state government, depending on whether the project falls under Category A or B, respectively. These documents are then scrutinized by the EAC under the Ministry. The Committee’s recommendations are processed at the MOEF for final approval or rejection.
What is Environment Impact Assessment (EIA)?
The EIA can be defined as a study conducted to predict the impacts of a proposed project on the environment. It is mandatory for certain projects under the Environmental Protection Act, 1986. The process includes screening for EC requirements based on investment scale, development type, and location; scoping to detail the main issues in the project development; and impact prediction to map environmental consequences of significant project aspects and its alternatives. Post-EIA report completion, it is mandatory to inform and consult the public about the proposed development.