Clearance under various enactments need to be obtained for Environmental Clearance

Kosha Doshi | Symbiosis Law School, Pune | 20th March 2020

Bengaluru Development Authority vs Mr. Sudhakar Hegde [Civil Appeal No 2566 of 2019]

Facts:

               The appellant was associated with the development of an 8-lane peripheral ring road. The construction road length is of 65 kms which is located from Tumkar road to Hosur road. The purpose of the project was to decongest Bangalore traffic, increase intercity connectivity, decrease heavy vehicular traffic and pollution. For these purposes the authority was needed to obtain the Environmental impact assessment and its clearance through.

               The Environmental Impact Assessment report dated 3 years ago had been submitted to the State EIA authority. The National Green Tribunal thereby stated that a fresh application of Environmental Impact Assessment and not based on the impugned environmental clearance. The appeal is against the judgment of the National Green Tribunal dated 8^th February, 2019 quashing the Environmental Clearance which had been granted.

Issue:

               Whether the Peripheral Ring Road project commenced prior to coming into force of the 2006 notification?

               Whether the Peripheral Ring Road falls within the scope of para 7 (f) of the Schedule of the 2006 notification thereby obliging the project to seek prior Environmental Clearance?

               Whether the appellant complied with the condition stated in the 2006 notification and the OMs issued by Ministry of Environment, Forest and Climate Change (MoEF & CC) from time to time?

Judgment:

               The court stated that keeping in mind the requisite balance needed to be maintained it passed the verdict. Under section 142 it directed the appellant to conduct fresh rapid Environmental Impact Assessment for the stated project of peripheral ring road. It further instructed the appellant to hire a specific accredited Environmental Impact Assessment consultant for the obtaining of Environmental Impact Assessment certificate for the project.

               The appellant was made to keep in mind the deficiencies noted in the present judgment and to take additional precautions. Justice DY Chandhrachud and Justice Hemant Gupta gave the following decision stating that the appellant must ensure clearance under various enactments and all of the same needed to be submitted to the SEAC. SEAC would then assess the Environmental Impact Assessment in accordance with the 2006 notification. Then it would be recommended to the SIEAA who would do the granting. No other court or tribunal shall entertain or challenge the decision of the SEAC or SEIAA.  

               The court made an observation that ensure that additional precautions are taken to account for the prevailing state of the environment. Thereby passing the verdict that clearance needs to be obtained under various enactments and needed to be submitted to the SEAC for environmental clearance.