MoEF (Government Of India) procedures on violation of the provisions of prior environmental clearance. Notifications dated 28-02-2014

Published on 31/03/2014

The MoEF has issued notifications no. S.O. 637(E) dated 28-02-2014 and S.O. 638(E) dated 28-02-2014 whereas certain powers as provided under section 5 of the E.P. Act1986 have been vested with the State Environmental Impact Assessment Authority and the State Authority has been authorized to file complaints under section 19 of the E.P. Act.

According to the said notification no. 637 (E) dated 28-02-2014 the state authorities are now empowered to-

        I.            Issue show cause notices in case of violations of the conditions of the E.C. issued by the said Authority.

      II.            Issue directions for keeping such environmental clearances in abeyance or withdrawing them if required.

In addition, now the S.O. 638 (E) dated 28-02-2014 authorizes the ‘Authority’ or officers as mentioned there in column (2), to file complaints under section 19 of the E.P. Act 1986 related to-

1. Violation of conditions of E.C. issued by the said authorities.
2. Violation of directions relating to keeping such environmental clearances in abeyance or with drawl of the Environmental Clearances.

Under the current procedures for dealing with violation cases, it appears now to be provided that-

1. For cases where Environmental Clearances are issued by the State Authority and non compliance reported, action will be taken under S.O. 637 and S.O. 638 dated 28-02-2014 as above by the State Authority. This could also apply to expansion projects where E.C. has earlier been granted by the state Authority.

For violations concerned with the start of construction/physical/operation activities at site without the Environmental Clearance action will be taken as prescribed in OM no. J-11013/2006-IA.II (i) dated 12-12-2012 by the State Committee and the State Government to initiate credible action by invoking provisions of sections 15 and 19 of the E.P. Act. Action will also be taken for the said violation under provisions of  O.M. no. J-11013/41/2006-1A. II(i) dated 27-06-2013 which empowers the MoEF to issue directions including directions for suspension of construction activities, production activities or suspension of activities modernization/change in product mix etc. under section 5 EPA for violation . this would include construction without a valid EC or non compliance of conditions of EC.