Lok Sabha Question No. 3109 (UNSTARRED), answered on 2021-08-06
Subject: Penalty for Green Violations
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Asaduddin Owaisi

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 3109

TO BE ANSWERED ON 06.08.2021

## Penalty for Green Violations

## 3109. SHRI ASADUDDIN OWAISI:

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

- (a)  whether as per the order to the National Green Tribunal and observations from different courts, his Ministry has come out with Standard Operating Procedure (SOP) for dealing with green violations;
- (b)   if so, the details thereof;
- (c)  whether these SOP has been issued under Environment Protection Act, 1986 and CPCB, SPCBs have been empowered to take action, if so, the details thereof;
- (d)  the details of penalty clause put under SOP for green violation; and
- (e)  the manner in which penalty is likely to be imposed and penalty amount so received is to be used to increase environmental green cover and protection of wildlife habitat?

## ANSWER

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

(a) and (b) The Ministry has issued a Standard Operating Procedure (SoP) for identification and  handling  of  violation  cases  under  EIA  Notification  2006  in  compliance  to  order  of Hon'ble National Green Tribunal in O.A. No.34/2020 WZ vide Office Memorandum dated 7 th July  2021.    The  SoP  is  based  on  the  'Polluter  Pays  Principles'  and  'Principle  of Proportionality' for taking action under statutory provisions against defaulters/violators and for taking decision on the closure of the project/activity or otherwise, expeditiously. The SoP duly  takes  into  account  the  principles  enunciated  by  the  Hon'ble  Supreme  Court  and  High Courts from time to time on the issue.

(c) The SoP has been issued to deal with such cases of violation where prior Environmental Clearance (EC) has not been taken as per the provisions of the EIA Notification issued vide S.O. 1533 (E), dated the 14th September, 2006, issued under the Environment (Protection) Act,  1986.  The  State  Pollution  Control  Boards  &  Union  Territory  Pollution  Control Committees,  have  been  directed  to  identify cases of violation under  their  respective jurisdiction and report such cases to the Ministry or State/Union Territory Level Environmental Impact Assessment Authority, as the case may be and also to revoke Consent to Operate (CTO), if granted to the unit, after giving an opportunity of being heard.

(d)  and  (e)  As  per  the  SoP,  the  projects  which  are  not  found  permissible  would  be  closed down  and  if  the  activity/project  is  found  permissible(with  such  modifications,  as  may  be considered necessary) the same would be granted EC. The EC granted shall be effective only from the date of issuance of such clearance. All such cases of violation shall be subject to appropriate  (a)  action  under  section  15  of  Environment  (Protection)  Act,  1986  (b)  Damage Assessment&  Remedial  Plan  and  (c)  Community  Augmentation  Plan  by  the  Central  level Sectoral  Expert  Appraisal  Committees  or  State/Union  Territory  Level  Expert  Appraisal Committees, as the case may be. The damage assessment is for quantifying the environmental damage caused due to unauthorized project activity.

The project proponent will be required to submit a bank guarantee equivalent to the amount of Remediation  Plan  and  Natural  &  Community  Resource  Augmentation  Plan  The  bank guarantee shall be deposited prior to the grant of environmental clearance and will be released after successful implementation of the Remediation plan and Natural & Community Resource Augmentation Plan.

In addition to above, it is proposed to impose a penalty of 1% of the total project cost incurred up  to  the  date  of  filing  of  application,  where  initial  operation  or  expansion  has  not commenced  and  an  additional  0.25%  of  the  total  turnover  involved  during  the  period  of violation if initial operation or expansion have commenced without Environmental Clearance (EC).  The  percentage  rates,  as  above,  shall  be  halved  if  the  project  proponent  suo  moto reports such violations without such violations coming to the knowledge of the Government either  on  enquiry  or  complaint.  The  penalty,  as  above,  shall  be  in  addition  to  liability  for carrying out various remedial measures.

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