Minor Changes in Industrial Mix - These modifications do not typically require fresh environmental clearance if they do not significantly alter the project's scope or environmental impact. The Central Government's approval or clearance process, such as under the National Environmental Appellate Authority, considers whether the changes warrant a new assessment. For example, induction furnace operations may not need additional clearance if they remain within existing environmental parameters PATEL VIPULKUMAR RAMJIBHAI VS UNION OF INDIA - Gujarat.
Environmental Clearance (EC) and Regulatory Compliance - Projects like coal mining and washery operations, as well as industrial expansions, are governed by statutory provisions under the Environment Protection Act, 1986, and related laws. The requirement for prior EC is emphasized, and ex post facto clearance is generally not granted unless specific conditions are met. The categorization of projects (Category A or B) influences whether prior clearance is mandatory JINDAL POWER LIMITED VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal, Jindal Power Limited vs Ministry of Environment, Forest & Climate Change - National Green Tribunal, Amit Kumar & Anr. vs Union of India. & Ors. - National Green Tribunal.
Pollution Control and Industrial Classification - The classification of industries under categories such as red, orange, green, or white, as per CPCB and MoEF guidelines, helps determine their pollution potential and clearance requirements. Harmonization of these classifications ensures consistent regulation and environmental protection MUKESH JOSHI vs STATE OF UTTARAKHAND - National Green Tribunal.
Environmental Impact and Restoration - Projects involving mining or industrial activity must include comprehensive environmental impact assessments and restoration plans. Ex post facto clearance is generally not permissible, and ongoing compliance with environmental laws is essential to mitigate damages and restore ecological health Jindal Power Limited vs Ministry of Environment, Forest & Climate Change - National Green Tribunal, Amit Kumar vs Union of India - National Green Tribunal.
Conclusion - Changes in the industrial mix that do not significantly impact environmental parameters typically do not require fresh environmental clearance, provided they adhere to existing regulations and approvals. However, any substantial modification or expansion usually mandates a new assessment and clearance to ensure environmental protection and compliance with statutory provisions PATEL VIPULKUMAR RAMJIBHAI VS UNION OF INDIA - Gujarat, JINDAL POWER LIMITED VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal, Jindal Power Limited vs Ministry of Environment, Forest & Climate Change - National Green Tribunal.
References: - PATEL VIPULKUMAR RAMJIBHAI VS UNION OF INDIA - Gujarat - Electrosteel Steels Limited VS Union of India - Supreme Court - JINDAL POWER LIMITED VS MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE - National Green Tribunal - Jindal Power Limited vs Ministry of Environment, Forest & Climate Change - National Green Tribunal - Jindal Power Limited vs Ministry of Environment, Forest & Climate Change - National Green Tribunal - MUKESH JOSHI vs STATE OF UTTARAKHAND - National Green Tribunal - Amit Kumar & Anr. vs Union of India. & Ors. - National Green Tribunal - Amit Kumar vs Union of India - National Green Tribunal - G. SUNDARRAJAN VS UNION OF INDIA - Supreme Court
make suggestions before committee are not but ultimately if Central Government grants the clearance of National Environmental Appellate ... Section 11 - Public Interest Litigation - Petitioner is claiming to be a public spirited citizen of India and an activist prayed industrial ... huge volume of water for cooling purposes engaged pose serious threat to environment due to emission of hazardous pollution - Held ... Vakil that Induction Furnace does not require any #HL....
) Act, 1981 – Section 21(4) –Water (Prevention and Control of Pollution) Act, 1974 – Section 25(4) – Water Pollution Act – Section ... compensation from Appellant – Application of Appellant for revised EC, CTO etc. shall be considered strictly in accordance with environmental ... establishment or even grant of revised EC to industrial establishment cannot stand in way of action against that establishment for ... reducing environmental pollution. ... beyond the limit o....
) Act, 1981 - Water (Prevention and Control of Pollution) Act, 1974 - Environmental clearance for coal mining and washery operations ... The Ministry of Environment, Forest and Climate Change (MoEF) imposed additional conditions requiring a separate environmental clearance ... (A) Coal Mines Special Provision Act, 2015 - Section 6 - Environmental Protection Act, 1986 - Air (Prevention and Control of Pollution ... This aligns with the statutory object....
as referenced in the vesting process; Environment Impact Assessment Notification, 2006 - Clause 8 (Grant or Rejection of Prior Environmental ... issues framed by the court (how the issues are presented in the judgment): • Whether the vesting order and CMSP Act provisions require ... are directed to comply the order of Government of India, Ministry of Coal … with all annexures and annexure‑A/23 which includes environmental ... This aligns with the statutory objectives under the Environmental Protection Act, 1986, and t....
(definition of prior allottee) - Environmental Clearance and related conditions arising from the Environmental Impact Assessment ... (ratio touchstone) - "Ex post facto environmental clearance is not ordinarily to be granted; where projects have operated with interim ... clearance for combined production of 6.25 MTPA and Coal Washery in letter and spirit. - ii. ... This aligns with the statutory objectives under the Environmental Protection Act, 1986....
Air (Prevention and Control of Pollution) Act, 1981 regarding harmonization of classification of industrial sectors under red/orange/green/white categories and as may be amended from time to time by the CPCB and the Ministry of Environment, Forest and Climate Change.
) Act, 1981 - Water (Prevention and Control of Pollution) Act, 1974 - Environment Clearance (EC) - The applicant seeks enforcement ... Coal Mines (Special Provisions) Act, 2015 - Sections 6 and 8 - Environment (Protection) Act, 1986 - Air (Prevention and Control of Pollution ... (Paras 1, 70, 106) ... ... (B) Environmental Compliance - The Tribunal determined ... This aligns with the statutory objectives under the Environmental Protection Act, 1986, and the Air (Prevention and Control of Po....
(Paras 1, 39, 47) ... ... (B) Environmental Clearances - Requirements for mining ... a comprehensive restoration plan required. ... of multiple state agencies to mitigate damages, uphold environmental laws, and restore ecological integrity. ... The Schedule to the Notification details the categories or Projects or Activities which require prior environmental clearance. ... All projects or activities included as Category ’A’ in the Schedule, including expansion and m....
Protection) Act, 1986 - Sections 3, 4-A, and 23C - Mines and Minerals (Development and Regulation) Act, 1957 - Illegal mining and environmental ... ... ... Ratio Decidendi: The court emphasized the enforcement of environmental regulations and guidelines, directed appropriate actions ... The Schedule to the Notification details the categories or Projects or Activities which require prior environmental clearance. ... All projects or activities included as Category ’A’ in the Schedule, including expansio....
only to compensate the victims of pollution, but also the cost of restoring environmental degradation (Para 83) ... 137. ... Pollution from industrial and town wastes must also be avoided totally.” ... 125. ... Learned counsel, therefore, pointed out that all those factors would indicate that KKNPP Units 1 and 2 required fresh environmental clearance which the project proponent did not obtain. ... obtained before 27th January, 19....
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