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VIDHIGYA: The Journal of Legal Awareness
Year : 2023, Volume : 18, Issue : 1and2
First page : ( 14) Last page : ( 22)
Print ISSN : 0973-3825. Online ISSN : 0974-4533.
Article DOI : 10.5958/0974-4533.2023.00002.7

Navigating India's environment impact assessment: Legal and implementation realities

Sharma Manoj1, Godiyal Shailendra Prasad2

1Principal, BDS School of Law, Jagriti Vihar, Meerut, Uttar Pradesh, India

2Assistant Professor, St. Thomas’ College of Law, Greater Noida, Uttar Pradesh, India

Online published on 5 June, 2024.

Abstract

An Environmental Impact Assessment, or EIA, is a study conducted to forecast the effects of a proposed project on the environment. EIA is a tool for making decisions since it provides arrange of possibilities from the perspective of environmental pollution, from which one that is environmentally friendly can be chosen. The Environmental Impact Assessment, which is completed in four stages: screening, scoping, public engagement, and final approval, plays a crucial role in determining whether development projects are approved or rejected by decision-makers. The Environment Impact Assessment (EIA) Notification, 2006, is the governing legal instrument to grant green clearance for the establishment or expansion of an industry based on the expected environmental impact of the project. The Notification was introduced in 1994 and, after several amendments, was revised in 2006. The government recently released a new EIA draft in 2020, claiming it addresses relevant amendments and court rulings, and it requested stakeholder feedback. However, many interested parties and environmental professionals objected to the new policy, arguing that it weakens the current EIA procedure. This article offers a historical background of the EIA and recommendations for the future while critically examining the controversial clauses in the new EIA draft 2020.

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Keywords

Environment Impact Assessment, 2020 EIA Draft, National Green Tribunal, MoEFCC.

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