Lok Sabha Question No. 4179 (UNSTARRED), answered on 2023-03-27
Subject: Violation of Environmental Rules and Regulations
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Gopal Chinayya Shetty

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

## LOK SABHA UNSTARRED QUESTION NO: 4179

TO BE ANSWERED ON 27.03.2023

## Violation of Environmental Rules and Regulations

## 4179. SHRI GOPAL CHINNAYA SHETTY:

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

- (a) whether the punitive actions against the violators of environmental rules and regulations  in  the  construction  projects  carry  both  the  provisions  of  fines  and punishment;
- (b) if so, the details thereof;
- (c) whether  the  RTI  activists  are  being  given  much  importance  by  ignoring  the  public representatives in the manner of environment clearance for the construction projects especially in Mumbai metropolitan city; and
- (d) if so, the details thereof ?

## ANSWER

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

(a)& (b):Section 15 of the Environment (Protection) Act, 1986 on 'Penalty for Contravention of the Provisions of the Act and the Rules, Orders and Directions' prescribes that whoever fails  to  comply  with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be  punishable  with  imprisonment  for  a  term  which  may  extend  to  five  years  or  with  fine which may extend to one lakh rupees, or both.In case the failure or contravention continues, additional  fine  may  be  imposed  which  may  extend  to  five  thousand  rupees  for  every  day during which such failure or contravention continues after the conviction for the first such failure  or  contravention.  Further,  if  the  failure  or  contravention  referred  above  continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

In  addition  to  above,  provisions  of  financial  penalty  and  punitive  penal  action  are  also prescribed in Air (Prevention and Control of Pollution) Act, 1981 at Section 37 to Section 46 and in Water (Prevention and Control of Pollution) Act, 1974 at Section 41 to Section 50 under 'Penalties and Procedure'.

(c)& (d): All the proposals received for grant of Environment Clearance (EC) are dealt as per provisions of Environment Impact Assessment (EIA) Notification, 2006. Upon submission of proposals  by  project  proponent,  complete  in  all  respects,  projects  are  appraised  byExpert

Appraisal Committee (EAC) at central level and by State Level EAC at State level as per provision of EIA Notification, 2006 and its amendments. Based on the recommendation of EAC/SEAC, decision  on  grant  /rejection  of  EC  is  taken  by  Ministry  at  Central  level  and byState  Environment  Impact  Assessment  Authority(SEIAA)  at  State  level.  The  extant process  of  environmental  appraisal  and  approval  for  projects  including  for  construction projects is carried out throughsingle window online PARIVESH portalwhich ensures that the entire process of clearancesis done in transparent manner without compromising on rigor of the environmental concerns.

****