Lok Sabha Question No. 821 (UNSTARRED), answered on 2022-02-07
Subject: Ex-post Facto Clearance to Projects
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Ramya  Haridas

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO.821

TO BE ANSWERED ON 07.02.2022

## Ex-post Facto Clearance to Projects

## 821. MS. RAMYA HARIDAS:

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

- (a) the need to dilute the Environmental  Impact Assessment (EIA) by the Government when there is already a high rate of depletion of natural resources and environmental degradation has tremendous impact on human  health and the details of the beneficiaries of this relaxation;
- (b) the reasons for reducing the notice period and rushing to the EIA process;
- (c) the reasons for ex-post facto project clearance being contemplated; and
- (d) the details of the projects which were started after the ex-post facto project clearance?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI ASHWINI KUMAR CHOUBEY)

(a) There  is  no  dilution  of  the  Environmental  Impact  Assessment  by  the  Central Government. Currently EIA Notification 2006 as amended from time to time is in force. In fact, the draft EIA Notification, 2020 aims to strengthen the environmental cause and strikes the balance between environment and development. The draft EIA Notification, 2020, inter alia ,  promotes  environmental  cause;  removing  redundancies  &  encourages  modernization. Therefore, it brings defaulters into environmental regime with requisite action, penalty and remediation; and introduces standardization and technology driven process.

- (b) In the draft EIA Notification, 2020, the notice period for intimating date, time & place for conducting public hearing was reduced to 20 days as against 30 days in EIA, 2006 taking into account the development of information technology & advanced modes of communications, deep penetration of mobile telephone use in the country etc., and has not been  done  with  an  aim  to  rush  the  EIA  process  which  is  to  be  conducted  with  all  due diligence.

(c) and (d) The draft EIA Notification 2020 does not contemplate or provide for ex post facto clearance to violation cases. The environmental clearance, if issued, to the project shall only be prospective and shall be effective from the date of its issuance. Any violation of the EIA Notification, 2006, that is in force, under the Environment (Protection) Act, 1986 results in  contravention under the Environment (Protection) Act, 1986 itself, thereby attracting the provisions of Section 15/19 of the said Act. Section 15 of the Environment (Protection) Act, 1986 provides for penalty or imprisonment or both for contravention of the Act. In the same manner, a violation of any provisions in the EIA, 2020 shall attract the penal provisions of Section 15 of Environment (Protection) Act, 1986.

The  Clause  22  (14)  of  the  draft  EIA  Notification  2020  clearly  specifies  that  the  project proponent is liable for action under Section 15/19 of the Environment (Protection) Act, 1986 which provides for penalty or imprisonment or both in case of contravention of the Act.  In addition, the draft notification also lays down additional liability on the project proponent for causing  damage  to  the  environment  through  assessment  of  environment  damage  caused, remedial and community augmentation plans (reference clause 22(5) of the draft notification).No ex-post facto clearance has been granted.

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