Allow Cookies!
By using our website, you agree to the use of cookies
The high court of Delhi on hearing the submissions extended the time limit to welcome objections to draft EIA notification 2020 till August 11. Adding on, the court has also insisted the central government publish the draft EIA notification in all the languages mentioned under the eighth schedule of the constitution on the ministry of environment, forest and climate change website, and other relevant websites within 10days from the said judgment.
India issued its first Environment Impact Assessment (EIA) notification in 1994 under EPA, 1986 which was then replaced by an amended draft in 2006. later after significant modifications, it was proposed by the union government this year in march which limits the concept of public participation in future environmental developments. The draft also includes ".. such projects shall be placed in the public domain" which exempts relatively important public assessments in matters such as inland waterways and national highway projects.
This draft notification was published on April 11, 2020, in the official gazette and sought suggestions from the public within 60days, however, on May 8, 2020, concerning authority issued a notification extending further sixty days on account of covid19 pandemic. where it also expressly mentioned June 30th was the end date.
The petitioners represented by senior advocate Gopal Shankarnaryanan along with his colleagues requested the court to pass a direction to push the limit till September 30, 2020, till the pandemic came to an end.
A division bench comprising Chief justice D N Patel and justice Prateek Jalan on assessing the notification declared it as " an error apparent on the face of record".
"... it is evident from a reading of the said notification that the extension for a " further period of sixty days" also finds mention therein. there is thus, at very least, a facial ambiguity in the notification, which in our view must be resolved in the favor of the public whose comments are invited thereby. This would also aid the process of effective public consultation, for which purpose of the extension was issued".
Union of India was represented by ASG Maninder Acharya with standing counsel Anurag Ahluwalia.
86540
103860
630
114
59824