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Environmental Impact Assessment in India

Introduction​

Environmental Impact Assessment (EIA) is a crucial tool in India's efforts to protect its natural resources and promote sustainable development. This guide provides an overview of EIA in India, focusing on key aspects of the law and its application.

National Environment Policy 2006​

The National Environment Policy 2006 introduced the concept of EIA in India. It emphasizes the need for environmental considerations in decision-making processes [1].

Environmental Protection Act, 1986​

Section 3(2)(v) of the Environmental Protection Act, 1986 mandates the preparation of an Environmental Impact Assessment Report (EIAR) before granting any approval for projects that may have significant adverse impacts on the environment [2].

Forest Conservation Act, 1980​

Section 4 of the Forest Conservation Act, 1980 requires the central government to obtain prior approval before diverting forest land for non-forest purposes, including infrastructure projects [3].

Key Components of EIA Process​

  1. Screening

    • Projects are categorized based on their potential environmental impact.
    • Low-impact projects may be exempted from detailed EIA.

  2. Scoping

    • Identification of potential environmental issues related to the project.
    • Determination of the scope of the EIAR.

  3. Data Collection and Analysis

    • Gathering of baseline data on existing environmental conditions.
    • Assessment of potential environmental impacts.

  4. Impact Prediction

    • Estimation of short-term and long-term effects of the project.

  5. Mitigation Measures

    • Development of strategies to minimize adverse impacts.

  6. Public Consultation

    • Involvement of local communities and stakeholders in the EIA process.

  7. Expert Appraisal Committee Review

    • Evaluation of the EIAR by a committee of experts.

  8. Clearance Decision

    • Based on the EIAR and public consultation, the central government grants or denies clearance for the project.

Case Laws​

Narmada Bachao Andolan v. Union of India (2000)​

This landmark case established the principle that affected communities have the right to participate in the EIA process. The Supreme Court ruled that public hearings must be conducted before granting environmental clearances [4].

Orissa Mining Corporation Ltd. v. Ministry of Environment and Forests (2013)​

The Supreme Court upheld the validity of the Forest Rights Act, 2006, emphasizing the importance of considering tribal rights while granting forest clearances [5].

Centre for Science and Environment v. Union of India (1995)​

This case led to the establishment of the Central Pollution Control Board and the State Pollution Control Boards to regulate industrial pollution and enforce environmental standards [6].

Conclusion​

Environmental Impact Assessment plays a vital role in ensuring that development projects in India do not harm the environment. By following the principles outlined in this guide and adhering to the legal framework, developers and regulatory bodies can work together to achieve sustainable development while protecting India's natural resources.