All environmental clearances granted by the Centre, henceforth, will have to stand the scrutiny of an apex national regulator, the foundation of which was laid by the Supreme Court on Monday.
Overriding a strong objection by the Environment Ministry, the apex court directed the Centre to set up a national regulator for environment clearances — a super regulator to oversee grant of clearances and implementation of forest policy and environmental laws. The Green Bench of the SC, comprising Justices AK Patnaik, SS Nijjar, and FM Ibrahim Kalifullah, gave the Centre time till March 31 to appoint the regulator and set up offices in “as many States” as possible under Section 3(3) of the Environment (Protection) Act 1986. An affidavit of compliance will be filed by the Centre by April 7, the next date of hearing.
The decision marks a significant step in the direction of transparency and fairness in the award of environmental clearances, which so far remained a suspect due to absolute Government control over Forest Advisory Committees, entrusted under the Act to oversee compliance of environmental safeguards. The latest decision will not only strip the Centre of its arbitrary power to decide the fate of projects, but would ensure that those found guilty of breaches are handed down hefty penalties under the “polluter pays” principle.
The need for a regulator was felt after the SC noted discrepancies in the process followed for grant or withholding of clearances. This reflected in the order as well. It said, “The present mechanism under the Environment Impact Assessment Notification dated September 14, 2006, issued by the Government with regard to processing, appraisals, and approval of the projects for environmental clearance is deficient in many respects and what is required is a regulator at the national level having its offices in all the States which can carry out an independent, objective and transparent appraisal and approval of the projects for environmental clearances which can also monitor the implementation of the conditions laid down in the environmental clearances.”
The MoEF indicated its strong resentment and said, “Keeping in view the diverse and inter-connected nature of issues involved in the grant of environment clearances to various categories of projects, it may not be feasible for a single authority with limited number of experts to appraise proposals seeking environment clearance to projects of various categories.”
It added that the “volume of work being handled by six expert advisory committees could not be performed by one regulator, besides, it may result in financial strain on the public exchequer which otherwise could be made available to strengthen the existing regulatory mechanism.”
However, the court’s emphasis to put in place a regulator had formed part of a SC decision of July 6, 2011 when the Green Bench expressed the need to have a regulator while giving the go-ahead for lafarge Mining Private limited to undertake limestone mining in the North-East hills. After the Centre objected to this portion of the order by filing an application, the court heard arguments by amicus curiae and senior advocate Harish Salve along with Centre to give effect to its previous order.