NGT raps EIA over flouting of norms during infra works

MUMBAI: The National Green Tribunal (NGT) has expressed concerns over the functioning of the Maharashtra State Environment Impact Assessment Authority (SEIAA), calling into question the manner in which the latter has allowed “continuous violation of environment norms in construction projects”.

NGT has raised contention over multiple construction projects that have been executed without prior environmental clearance (EC), which is granted by SEIAA. Though ECS were granted initially, multiple projects have expanded the scope of construction work in variance with the original terms of clearance, and subsequently applied for ex-post facto EC. In at least two cases, SEIAA has proceeded to grant fresh EC without levying any monetary compensation for environmental damage caused by the project proponent, the NGT’S order, dated May 24, revealed.

A four-judge bench of the green court, headed by chairperson Adarsh Kumar Goel, made the observation while hearing two matters filed by an appellant, Tanaji Gambhire, concerning the ex-post facto environmental clearances granted by SEIAA last March to two projects in Pune. “... it will be appropriate to require SEIAA to review its working in the light of... violations frequently being alleged, including the present case,” NGT noted.

The tribunal also directed the constitution of a committee comprising the Union environment ministry, Central Pollution Control Board (CPCB), SEIAA, and state pollution control body to review the authority’s functioning and to suggest remedial action, including the quantum of compensation in the individual case. The court also directed that a proper standard operating procedure be laid down for granting EC in such cases to address the gaps in binding law and practice currently being followed.

Experts were reluctant to back NGT’S move. “The tribunal is shrugging off its own responsibility. If there’s a violation, it can decide on either demolition or levying compensation. It can also serve a notice to SEIAA for dereliction of duty. Instead, it has instated a committee, which includes members of SEIAA, to review the authority’s functioning,” said independent environmental lawyer Zaman Ali.

Vijay Shantilal Nahata, chairperson of SEIAA, did not respond to HT. However, a senior official in the environment department, currently serving as an SEIAA member, said, “We are aware of the NGT order, and SOPS that will be framed by the committee established by the NGT will be observed and complied with fully.”