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NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
BISWAJIT SINGH – Appellant
Versus
UNION OF INDIA THROUGH THE CHIEF SECRETARY – Respondent


Advocates:
For the Petitioner: RAHUL CHOUDHARY
For the Respondent:

ORDER

1. The Appeal has been filed challenging Environment Clearance (EC) dated 20.06.2019 granted by the State Level Environment Impact Assessment Authority (SEIAA), Jharkhand in favour of the National Buildings Construction Corporation India Limited (NBCC), the Respondent No. 5, for the All India Institute of Medical Sciences (AIIMS) at villages Utimpur, Sultanpur and Rampur, Thana Deoghar, Deoghar district, Jharkhand.

2. The primary contention raised to assail the EC is that according to Form-1 submitted for EC by the Respondent No. 5, the area of the project encompasses 102.43 ha and, as per Schedule to the EIA Notification, 2006, all construction projects covering area equal to or more than 50 ha, would fall under Item 8(b) of the Schedule requiring to undergo the mandatory requirement of Stage 2 Scoping process in terms of clause 7(II) of the EIA Notification 2006. It is contended that by granting the impugned EC under Item 8(a) of the Schedule, the procedure for Scoping has been bye-passed and by basing upon multiple parts of their application, such as the Conceptual Planning, Form-1 and Form-1A. In short, according to the Appellant, EC for the project ought to have been proc

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