1. Extended period for macro-level environmental impact assessment study and directed expenses under ad-hoc CAMPA scheme. (Para 2 )
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2011 Supreme(SC) 844
Supreme Court of India
S.H. KAPADIA, CJI., AFTAB ALAM & SWATANTER KUMAR, JJ.
Samaj Parivartana Samudaya & Others
Versus
State of Karnataka & Others
I.A No.22 In Writ Petition (Civil) No.562 of 2009
Decided On : 02-09-2011
The court modified the implementation of environmental recommendations, extending the timeline for macro-level environmental impact assessments and rehabilitation plans and directing that the expenses be covered by a specialized afforestation fund scheme.
Headnote:(A) Environmental Law - Environmental Impact Assessment (EIA) - Reclamation and Rehabilitation Plans - Acceptance of committee recommendations subject to clarifications - Exclusion of specific mineral leases from certain restrictions - Clarification of governmental authority - Requirement for periodic auditing of sale proceeds by state auditing authorities. (Para 1)
(B) Environmental Impact Assessment - Extension of time for submission of reports - Funding for macro-level studies - Expenses to be met through specialized afforestation fund schemes. (Para 2)
Facts of the case:
The court was overseeing the implementation of environmental impact assessments and the submission of reclamation and rehabilitation plans for mining districts. The court sought to refine the terms of a committee's report and adjust the timeline for the submission of macro-level studies in certain specified districts.
Findings of Court:
The court accepted the committee's recommendations with three specific clarifications: excluding leases exclusively for a certain mineral from specific report paragraphs, clarifying the identity of the government authority, and requiring periodic audits of sale proceeds by the state auditing authority. Additionally, the court extended the deadline for the macro-level EIA study and the submission of the reclamation and rehabilitation plan for the specified districts by three months and directed that the costs for these expensive studies be funded through a specialized afforestation scheme.
Issues: Whether the recommendations of the committee could be accepted with modifications and whether the time for submitting environmental studies and rehabilitation plans should be extended and funded through a specific scheme.
Ratio Decidendi: The court may modify expert committee recommendations to ensure accuracy and practicality, extend deadlines for complex and expensive environmental studies based on necessity, and authorize specific funding mechanisms to ensure the completion of macro-level assessments.
Result: Recommendations accepted with clarifications and timeline extended.
Legal Category Hierarchy
Table of Contents
2. Can a court extend the time for a macro-level environmental impact assessment study?
Yes, the court extended the period by three months from the date of its earlier order. (Para 2 )
Judgment :
The recommendations of the Central Empowered Committee contained in it's Report dated 1st September, 2011, are accepted, subject to the following clarification:
[a] Paragraph (5) of the Report shall not apply to leases which are exclusively for Manganese ore;
[b] In clause (ix) of Paragraph (2), the words "to the Government", shall read as "to the State of Karnataka"; and
[c] The Accounts of the sale proceeds shall be periodically audited by the Accountant General of the State of Karnataka;
[2] Paragraph (v) of the Order passed by this Court on 26th August, 2011, reads as follows:
"[v] We also hereby extend our Order dated 5th August, 2011, to the Districts of Tumkur and Chitradurga, by which we had directed ICFRE to undertake macro level EIA study in respect of district Bellary and to submit reclamation and rehabilitation plan.
Consequently, the said order shall equally apply to the Districts of Tumkur and Chitradurga."
The above-quoted paragraph of the Order dated 26th August, 2011, needs to be slightly modified as regards the period within which the Report is to be submitted in respect of Districts of Tumkur and Chitradurga. We hereby extend the period for carrying out macro level EIA study and to submit reclamation and rehabilitation plan in respect of Districts of Tumkur and Chitradurga by three months from the date of Order, i.e., 26th August, 2011.
Since the exercise of carrying out macrolevel EIA study will be highly expensive, we direct that the said expenses shall be incurred under thead-hoc CAMPA Scheme as per the decision of the ad-hoc CAMPA Committee.
