The Union Environment Ministry's 2014 Environmental Impact Assessment (EIA) notification exempting educational institutions and industrial sheds with built-up areas greater than 20,000 square metres from obtaining an environmental clearance (EC) was quashed by the Kerala High Court.
The 2014 EIA notification was invalidated by the high court due to its deviation from the draft version, which required industrial sheds and educational institutions with built-up areas over 20,000 square metres to seek environmental clearance.
A non-governmental organisation (NGO) filed a plea, arguing that the draft notification explicitly stated that the project or activities covered under it would include residential buildings, commercial buildings, hotels, hospitals, hostels, office blocks, information technology or software development units, or parks, reports PTI. The court granted the NGO's request on March 6.
Nonetheless, the final notification said that some structures were not included, like industrial sheds, schools, colleges, and hostels for educational institutions.
The NGO had argued in its appeal that under the 2014 final notification, such facilities were only required to guarantee environmental management, solid and liquid waste management, rainwater harvesting, and the optional use of recycled materials, such as fly ash and bricks, for two months.
As a result, it claimed that licences were being granted under the pretence of the notification, in direct contravention of the Environment (Protection) Act and the original EIA notification made in 2006.
Defending its decision, the Ministry of Environment, Forests, and Climate Change stated that previously, practically all constructions with a certain built-up area were required to obtain an environmental clearance certificate.
Later, buildings such as industrial sheds, schools, colleges, and dormitories for educational institutions were exempted in the final notification, it stated. It was maintained that the alteration was necessary due to the nature of the activity carried out in these buildings and hence, had no negative impact on the general public in terms of the environment.
Disagreeing with the Centre's position, the court stated that the writ petition warrants consideration.
"Accordingly, the same is allowed. The notification dated December 22, 2014, is hereby quashed and set aside. Needless to say, the respondent authority may issue fresh notification, in accordance with law," it said.
