Lok Sabha Question No. 3172 (UNSTARRED), answered on 2018-01-05
Subject: Violations of Enviornmental Norms
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: PR. SENTHILNATHAN

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 3172

TO BE ANSWERED ON 05.01.2018

## Violations of Environmental Norms

## 3172.     SHRI PR. SENTHIL NATHAN:

Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to state:

- (a) whether  the  Government  has  taken  steps  against  builders  and  realtors  who  have breached the environmental norms and rules;
- (b) if so, the details thereof and the list of those realtors booked during the last three years and the current year, year-wise, State/UT-wise;
- (c) whether  the  Government  has  taken  any  concrete  measures  to  control  and  curb  such illegal construction activities even before the start of the work; and
- (d) if  so,  the  details  thereof  and  the  decision  taken  by  the  Government  and  the  National Green Tribunal in this regard?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (DR. MAHESH SHARMA)

(a)  &  (b)  The  Ministry  of  Environment,  Forest  and  Climate  Change  (MoEF&CC)  accords prior  environmental  clearance  for  projects  or  activities  listed  in  the  Schedule  to  the Environment Impact Assessment (EIA) Notification, 2006 (and its amendments) after having followed the prescribed process in the said notification. Violation of the environmental norms issued for developmental projects are monitored by the Regional Offices of the Ministry and the concerned State Pollution Control Boards/Union Territories Pollution Control Committees  or  any  other  concerned  Central/State  agencies.  If  any  non  compliance  is observed/reported,  the  Ministry  takes  appropriate  action  as  deemed  fit  as  per  Environment (Protection) Act, 1986. Section 3 of the Environment (Protection) Act 1986 gives power to the  Central  Government  to  take  all  measures  that  it  deems  necessary  or  expedient  for  the purpose  of  protecting  and  improving  the  quality  of  the  environment  and  preventing  and controlling abating environmental pollution. The MoEF&CC does not maintain the details of year-wise, company-wise and State/UT-wise violations of Environmental Norms and Rules.

(c) & (d)  The Hon'ble National Green Tribunal, Principal Bench vide its order dated 7 th July, 2015 in Original Application No. 37 of 2015 and Original Application No. 213 of 2015 had held  that  the  Office  Memoranda  dated  12 th December,  2012  and  24 th June,  2013  on  the subject of consideration of proposals for Terms of Reference or Environment Clearance or Coastal Regulation Zone Clearance involving violations of the Environment (Protection) Act, 1986  or  Environment  Impact  Assessment  Notification,  2006    Coastal  Regulation  Zone Notification,  2011  could  not  alter  or  amend  the  provisions  of  the  Environment  Impact Assessment notification, 2006 and had quashed the same.

The Ministry has issued a Notification vide S.O.804(E) dated the 14 th March, 2017 under the Environment (Protection) Act, 1986 to appraise the projects, which have started the work  without  taking  prior  environmental  clearance  in  terms  of  the  provisions  of  the Environment Impact Assessment Notification, 2006. Pursuant to this Notification, the project proponent are required to submit a bank guarantee equivalent to the amount of remediation plan, natural and community resource augmentation plan with the concerned State Pollution Control Board, as per recommendations of the Expert Appraisal Committee and finalized by the Regulatory Authority.

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