Lok Sabha Question No. 2757 (UNSTARRED), answered on 2025-03-17
Subject: Pending Environmental Clearance
Ministry: ENVIRONMENT, FOREST AND CLIMATE CHANGE
Asked by: Shri K Gopinath

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 2757

TO BE ANSWERED ON 17.03.2025

## Pending Environmental Clearance

## 2757.  SHRI K GOPINATH:

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

- (a)   whether  the  Government  is  aware  that  several  environmental  clearances  have  been delayed due to legal hurdles, particularly in cases involving violations;
- (b)  if so, the details of the projects which have been impacted in the last three years and the current year;
- (c)   the  steps  proposed  by  the  Government  to  address  these  delays  and  resolve  the  legal hurdles promptly; and
- (d)  whether  the  Government  has  adopted  any  specific  measures  or  policy  reforms  to streamline the clearance process and prevent such delays in the future and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (SHRI KIRTI VARDHAN SINGH)

(a)  to  (d) The  Government  of  India  has  issued  Environment  Impact Assessment  (EIA) Notification, 2006 under the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986.  As per the aforesaid notification dated 14 th   September, 2006, construction of new projects or activities or the expansion or modernization  of  existing  projects  or  activities  listed  in  the  Schedule  of  the  Notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after prior environmental clearance from the Central Government or as the  case  may  be,  by  the  State  level  Environment  Impact  Assessment  Authority,  duly constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986.  The environmental clearances granted by the Central Government or by the State Environmental Impact Assessment Authorities (SEIAAs) are issued only after following  the  detailed  procedure  laid  down  in  the  aforesaid  notification  which, interalia , involves screening (only for category 'B' projects and activities), scoping, public consultation and appraisal at the Central level or at the State level as the case may be, before placing to the competent authority for final decision.

The Government of India has also enacted the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests  and  other  national  resources  including  enforcement  of  any  legal  right  relating  to environment and giving relief and compensation for damages to persons and property and for matters connected there with or incidental thereto.  The appeal against the decision of the competent  authority  at  the  Central  and  or  at  the  State  level  regarding  grant  of  prior environmental clearance or otherwise lies primarily with the NGT which has its Principal Bench at Delhi and Benches at Pune, Chennai, Bhopal and Kolkatta. Writ Petitions/ PIL/ Appeals  etc.  are  also  filed  before  the  Hon'ble  High  Court  and  Hon'ble  Supreme  Court regarding  various  projects  and  activities  forming  part  of  the  EIA  Notification,  2006  as amended which have impact on the related Project Activities. As of now, there are 199 cases which have been filed in the NGT; 32 cases in Supreme Court and 70 cases in High Court. These  cases  also  include  cases  pertaining  to  non-compliance  of  the  provisions  of  EIA Notification, 2006, as amended in respect of projects/ activities, which are otherwise eligible for grant of prior EC. The procedure laid down by the Ministry to deal with such cases of non-compliance of EIA Notification, 2006, as amended, is currently sub-judice.

The Government has been taking necessary steps as per the due procedure to resolve the legal hurdles.  In  addition,  Ministry  has,  in  recent  past,  undertaken  many  systemic  reforms  to streamline  the clearance process both through the technological intervention, upgrading the PARIVESH  (Single Window Portal providing end to end online solution) portal and Policy reforms  through  amendments in  the  EIA  Notification  2006  such  as  delegating  powers  to SEIAAs for Mining, Irrigation and Power projects, standardizing Terms of Reference (ToR), increasing the validity of ToR/EC, allowing flexibility in baseline data collection before ToR approval, and reforms in Public Hearing process.

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