Lok Sabha Question No. 216 (STARRED), answered on 2022-08-01
Subject: Violation of Environmental Rules
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Shrikant Eknath Shinde, Rita Bahuguna Joshi

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

## LOK SABHA STARRED QUESTION NO.*216

TO BE ANSWERED ON 01.08.2022

## Violation of Environmental Rules

## *216.   DR. SHRIKANT EKNATH SHINDE: PROF. RITA BAHUGUNA JOSHI:

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

- (a) the number of criminal cases that have been registered for violations of Rules under the Environment, Air and Water Acts during the last three years;
- (b) the  number  of  people  who  were  actually  convicted  under  the  Acts  during  the  said period;
- (c) the  steps  taken,  if  any,  to  ensure  that  the  financial  penalties  collected  from  such offenders are actually used to mitigate the losses and harms caused and also to remove the source of pollution;
- (d) the details of the plans, if any, to shift from criminal liability on to financial penalties to deter such violations and offences;
- (e) whether  the  Government  has  identified  repeat  offenders  under  the  aforementioned Acts and if so, the details thereof; and
- (f) whether the Government has conducted any study to understand the nature of noncompliance thereof as a consistent trend to the same, if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE (SHRI BHUPENDER YADAV)

- (a) to (f): A statement is laid on the Table of the House.

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Statement referred to in reply to parts (a) to (f) of Lok Sabha Starred Question No. 216 to be answered on Monday, the 1 st August, 2022 on 'Violation of Environmental Rules' by DR. SHRIKANT EKNATH SHINDE & PROF. RITA BAHUGUNA JOSHI.

(a) to (f) As per the available information, during last three years, 1737criminal cases have been  registered  or  recorded  under  Environment  (Protection)  Act,  1986  (EPA,  1986);  Air (Prevention  and  Control  of  pollution)  Act,  1981;  and  Water  (Prevention  and  Control  of pollution) Act, 1974.As per available information, 39 people were actually convicted under these Acts during thesaid period. No repeat offenders have been reported so far.

In compliance to the directions of Hon'ble NGT, CPCB has initiated penal action in the form of imposing environmental compensation (EC) againstdefaulting units. CPCB has evolved a methodology for levying such environmental compensation against the industries /facilities not-complying  with  the  environmental  standards  or  CPCB's  directions.    CPCB  has  also issued guideline for utilization of EC funds. As per the guideline, EC shall be allocated to CPCB/  SPCB/PCCs  for  execution  of  environment  protection  projects  as  specified  in  the scope of activities within the guideline.

The  Central  Government  has  proposed to  decriminalize  the  existing  provisions  of  the Environment  Protection  Act,  1986  (EPA,1986)  by  introducing  provisions  for imposing heavier  penalties  and  additional  penalties,  which  shall,  on  one  hand  act  as  a  deterrent  for violators and on the other hand encourage self-regulation for law abiding entrepreneurs. In the event of serious violation of the EPA,1986 which may result in grave injury or loss of life,  the  provisions of Indian Penal Code, 1860 shall be applicable, in addition to penalties which may be imposed.

On the basis  of analysis  of  project  site  inspection  report  submitted  by  Integrated  Regional Office (IROs), the nature ofnon-compliance mainly relates to:

- (a) Not meeting National Ambient Air Quality Emission Standards;
- (b) Not conducting sampling and monitoring of ground water on regular basis;
- (c) Unsatisfactory Green belt development;
- (d) Unsatisfactory  compliance  to  the  mitigation  measure  proposed  in  Environment Management Plan (EMP);
- (e) Non compliance of Action Plan against the issues raised during public hearing;
- (f) Non implementation of CSR activities;
- (g) Non submission of half yearly self compliance report with respect to prescribed EC conditions.

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