Lok Sabha Question No. 3821 (UNSTARRED), answered on 2016-08-09
Subject: Green Violations
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: RAHUL RAMESH SHEWALE, SANJAY SHAMRAO DHOTRE, BHARTRUHARI MAHTAB

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION No. 3821

TO BE ANSWERED ON 09.08.2016

## Green Violations

## 3821.   SHRI RAHUL SHEWALE:

## SHRI SANJAY DHOTRE:

SHRI BHARTRUHARI MAHTAB:

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

- (a) whether  cases  of  green  violations  by  several  companies  during  construction  and expansion work have increased in the country and if so, the details thereof during each of the last three years and the current year, company and State/UT-wise;
- (b) whether it is a fact that there is no law in the country to punish such companies for their green violations and if so, the reasons therefor;
- (c) whether  the  Government  has  conducted  any  study  to  assess  the  damage  to environment from such violations across the country during the said period and if so, the details and outcome thereof; and
- (d) the steps taken by the Government to curb such green violations and to penalise the companies heavily for defaulting green norms in the country?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE)  FOR  ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (SHRI ANIL MADHAV DAVE)

- (a)&(b)   The  Ministry  of  Environment,  Forest  and  Climate  Change  (MoEF&CC)  do  not maintain the details of year-wise, company-wise  and  State/UT-wise  violations. MoEF&CC administers various Acts/Rules/Notifications for preservation, conservation, protection and improvement of environment, which inter- alia include, The Environment (Protection)  Act,  1986; The  Forest  (Conservation)  Act,  1980;  The Wildlife (Protection) Act, 1972, The Water (Prevention and Control of Pollution) Act,

1974;  The  Air  (Prevention  and  Control  of  Pollution)  Act,  1981;  The  Biological Diversity  Act,  2002;  The  Environment  (Protection)  Rules,  1986;  Plastic  Waste Management  Rules  2016;  e-Waste  (Management)  Rules,  2016;  Bio-Medical  Waste Management  Rules,  2016;  Construction  and  Demolition  Waste  Management  Rules, 2016;  Hazardous  and  Other  Wastes  (Management  and  Transboundary  Movement) Rules, 2016; Solid Waste Management Rules, 2016; Environment Impact Assessment Notification, 2006; Coastal Regulation Zone Notification, 2011 etc.

- (c) No such study assessing the damage to environment from violations across the country has  been  conducted.    However,  detailed  environmental  impact  assessment  study  is conducted and safeguards are stipulated before granting environmental clearances.
- (d) The  Ministry  and  the  various  authorities  including,  Central  Pollution  Control  Board (CPCB),  State  Pollution  Control  Boards  (SPCBs)/Pollution  Control  Committees (PCCs), National Green Tribunal (NGT), State or Union Territory Level Environment Impact  Assessment  Authorities  (SEIAAs)  are  competent  to  take  action  in  cases  of violations.  The  Acts  also  provide  for  criminal  action  against  violators.    Central Government has also issued Notification on 16.12.2015 authorizing various officers of the MoEF&CC, Officers of the Regional Offices, Officers of the State Government/UT Administration, Officers of the CPCB and SPCBs/PCCs to file complaints with regard to offences punishable under the Act before the NGT.

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