BEST EXAMPLE OF SUSTAINABLE DEVELOPMENT IS DELHI METRO: JAVADEKAR

There is also an amnesty for violations.

You are asking about post-facto violation. Somebody builds something that violates environment rules and then seeks postfacto approval. The United Progressive Alliance government issued three office memoranda in 2010, 2012, and 2013. Through these three office memoranda, they gave post-facto sanction with just a fine under the Environment Protection Act

, i.e., ~1 lakh. They have done it thrice. The NGT quashed that, saying office memoranda cannot override notifications.

There are three court decisions. The Jharkhand High Court (HC) said you cannot consider the application of any industry just because they have not sought permission in time, earlier. You have to consider — and consider it on merit. The Supreme Court (SC) gave two decisions. One, they said closure is not the answer. You consider that on merit, but the environment clearance issued. What happens between today and the prospective environment clearance? The period in between will be dealt with severely with very heavy late fees — because that is the power we have under Section 15 of the EPA — and there will be heavy charges of environmental degradation or environmental damages that the project has inflicted. We want to bring all the entities within the regulatory regime. You can’t keep thousands of industries out of the regulatory regime because they have not taken permission. The court says, closure is not the answer.

You must consider it on merit.

How will the government deal with violations?

Today, the latest case is Leela Hotels. There was a violation window open in 2010, 2012, 2013, and in our time as well. They have been penalised to the tune of ~7.5 crore to do environmental work in their area. They proposed something. When the file came to me, it was 70 items of ~10 lakh each. They are establishing 50 computer training centres in 50 habitats nearby. They are putting solar panels in 300 houses.

“Three times, you don’t raise objections and you wake up only at the fourth review… and that too after SC order”

But trees have already been felled, soil eroded…

For each tree cut or removed, you have to plant five trees. The best example of sustainable development and environmental protection is the Delhi Metro. For each station, they may have removed five to 10 trees. But they have planted five times as many trees.

What about the case of Leela Hotel and the damage it has inflicted?

You have 5 million people being transported in an environment-friendly manner, saving 500,000 cars on roads. This is the best example of sustainable growth where you are protecting nature. The number of trees has increased… otherwise, they would not have planted.

But what about past lapses?

The SC said closing down industry is not the answer. And Jharkhand HC said you must consider cases on merit. So with these two orders, what can you do? If you were in my position, what would you have done? These are court orders. We are following court orders. We will be levying heavy penalties. The environment clearance will not be given post-facto and retrospectively, but prospectively. By due diligence, they will have to go to the environment appraisal committee, EIA, and will have to give an environment management plan. They will have to go through the rigours and then they will get environment clearance prospectively. For the period in between, they will be heavily fined. In 2010, 2012, and 2013 the same kind of office memoranda were issued. Nobody raised objections then.

One argument is that if nobody raised it then, they should raise it now…

Three times, you don’t raise objections and you wake up only at the fourth review…and that too after the SC order.