P. G.

CENTER IN CIVIL ENGINEERING DEPARTMENT

SARVAJANIK COLLEGE OF ENGINEERING & TECHNOLOGY
SARVAJANIK EDUCATION SOCIETY, SURAT

MASTER OF ENGINEERING CIVIL (TOWN AND COUNTRY PLANNING)

Affiliated with
GUJARAT TECHNOLOGICAL UNIVERSITY

REPORT

ON

"THE CONSTITUTION AND ENVIRONMENT"

UNDER SUBJECT

LEGAL ISSUES IN URBAN PLANNING

(Subject Code: 744801)

Submitted by:

PATEL MANOJ LALITBHAI

(ENROLLMENT NO. 120420748004)

Faculty Guide:

Prof. Himanshu Padhya

April, 2013

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 P. G. CENTER IN CIVIL ENGINEERING DEPARTMENT
SARVAJANIK COLLEGE OF ENGINEERING & TECHNOLOGY
SARVAJANIK EDUCATION SOCIETY, SURAT

MASTER OF ENGINEERING CIVIL (TOWN AND COUNTRY PLANNING)

Affiliated with
GUJARAT TECHNOLOGICAL UNIVERSITY

CERTIFICATE
This is to certify that the report entitled as

"THE CONSTITUTION AND ENVIRONMENT"

It has been submitted during April, 2014 by MANOJ LALITBHAI PATEL,

Enrollment No. (120420748004) of M.E. CIVIL (TOWN AND COUNTRY
PLANNING), Semester – IV under the Subject- LEGAL ISSUES IN URBAN
PLANNING (Subject Code: 744801) is bonafied work and It has been carried
out under my guidance and supervision. This genuine work forms part of the
requirement for the award of Post-graduate Degree of MASTER OF
ENGINEERING CIVIL (TOWN AND COUNTRY PLANNING) conferred by the
Gujarat Technological University, Gujarat.

____________________________
Prof. Himanshu Padhya
Faculty Guide

____________________________ ___________________________
Prof. Himanshu Padhya External Examiner
PG In-charge & Head, CED

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Table of Contents
1.0 THE CONSTITUTION OF INDIA ........................................................................................................... 4
1.1 PREAMBLE ..................................................................................................................................... 4
1.2 PREFACE ........................................................................................................................................ 5
2.0 The Concept of Environment ............................................................................................................ 5
3.0 The Indian Constitution and Environment ........................................................................................ 6
3.1 Indian Efforts to Combat Environmental Pollution....................................................................... 7
3.2 ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA ............................................ 7
ENVIRONMENTAL (PROTECTION) ACT, 1986 .................................................................................... 11
REFERENCE .................................................................................................................................... 16

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1.0 THE CONSTITUTION OF INDIA
Contents covers the following regular system.
Preamble comes at the first. Nothing write up find before the preamble. After that part wise
and in that articles comes. Articles numbers going on thoroughly to the end of document. A
indicates the amendments done that come after the number. Like 21 is the Articles and 21A
defines the 21 with amendments. Likewise B,C,D… shows the continuation of the articles
with different aspects or field. Parts has own particular titles including sub titles to separate
out articles concern to particular field or topics. Chapter wise heading also done in sub of the
parts to clarify perfectly.
Repealed mean that part out of the Constitution of India. That has no further details available
for that articles. This articles directly not removed from the Constitution of India due to the
reason of continuity in Index and to neglect dispute in understanding and explanation in
future time.
There are total 22 Parts available at present.
Schedules also kept up to date with the Constitution of India. There are 12 Schedules at
present in Constitution of India. In sub part of Schedules numbering, Part A, Part B, List I,
List II also comes for systematic separation of Topic. Eleventh schedule covers the powers,
authority and responsibilities of Panchayats. Twelfth schedule covers the powers, authority
and responsibilities of Municipalities. Twelfth schedule has 18 obligatory functions that has
compulsory to fulfil by every Municipalities.
After this Appendix comes at the end of the Constitution of India. There are clarification with
explanation covers in Appendix with proper parts, articles and schedules numbering. Index to
find easily also given after the Appendix with specific location clarity.

1.1 PREAMBLE
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a –
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

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IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

1.2 PREFACE
Constitution is a living document, an instrument which makes the government system work.
Its flexibility lies in its amendments. In this edition, the text of the Constitution of India has
been brought up-to-date by incorporating therein all amendments made by Parliament up to
and including the Constitution (Ninety-fourth Amendment) Act, 2006. The footnotes below
the text indicate the Constitution Amendment Acts by which such amendments have been
made.
The Constitution applies to the State of Jammu and Kashmir with certain exceptions and
modifications as provided in article 370 and the Constitution (Application to Jammu and
Kashmir) Order, 1954. This Order has been included in Appendix I for facility of reference.
Appendix II contains a re-statement of the exceptions and modifications.
The text of the constitutional amendments relating to the Constitution (Forty-fourth
Amendment) Act, 1978, the Constitution (Eighty-sixth Amendment) Act, 2002 and the
Constitution (Eighty-eighth Amendment) Act, 2003, which have not yet come into force,
have been provided in the text at the appropriate places wherever or otherwise in the footnote.

2.0 The Concept of Environment

The term “environment” owes its genesis to a French word ‘environ’, which means
‘encircle’. It encompasses within its ambit land, water, flora, fauna, living creatures, forest
and everything above the earth. ‘environment’ can be understood to refer to all components
surrounding man, which consist of two important major parts.
1. Physical
2. Natural
Physical environment constitutes lithosphere, land, hydrosphere and atmosphere means water
and air respectively.
The natural environment constitutes living organisms including human beings, flora and
fauna, etc.
Man cannot survive on the earth without plant and animal life. Thus, environment is the
natural system on which we depend. i.e. the air we breath, the earth which feeds us, the rivers
and seas which give us water.

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It may be noted that all this is perceived in the definition of environment provided by the
Environment (Protection) Act, 1986, which states:
Environment includes water, air and land, and the inter-relationships which exist among and
between water, air and land, and human beings, other living creatures, plants, micro-
organisms and property.

3.0 The Indian Constitution and Environment

The culmination of various international efforts initiated 38 years ago at Stockholm(Sweden)
where the first historic international conference on Human Environment was held in 1972. It
is a common knowledge that, at present, there is a major environmental crisis of a global
proportion affecting the physical, natural and human environment due to pollution of all
kinds. It is of serious concern to the international community that the greenhouse gases
emissions continued to be on the rise. The UN mandated intergovernmental panel on climate
change says that by 2100 the global temperature increases will range between 1.4 degree
Celsius and 5.8 degree Celsius. Mean sea levels may rise by 80 cm, inundating low-laying
areas and smaller islands. It has been predicted that there will be more frequent and severe
heat waves, more intense tropical cyclones, changes in rainfall patterns and melting of ice.
The reasons are not far to seek. Environmental degradation is generally caused not only by
the pollution of the atmosphere and of the maritime, and the coastal inland waters through the
disruption of rural lands but also by the destruction of ecological balance of natural areas and
the adverse effect of the use of biocides upon animal and plant life. Another important reason
for environment degradation is the uncontrolled exploitation and the consequent depletion of
world’s natural resources.
The Indian Apex Court, expressing its concern at the increasing global environment
degradation: Experience in the recent past has brought to us the realization of the deadly
effects of development on ecosystem. The entire world is facing a serious problem of
environmental degradation due to indiscriminate development. Industrialization, burning of
fossil fuels and massive deforestation are leading to degradation of environment. Today the
atmosphere level of carbon dioxide, the principal source of global warming is 26 percent
higher than pre-industrial concentration. Melting of polar ice and glaciers, thermal expansion
of seas would cause worldwide flooding and unprecedented rise in sea level if gas emissions
continue at the present rate. Enormous amount of gases and chemicals emitted by the
industrial plants and automobiles have led to depletion of ozone layers which serve as a

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shield to protect life on the earth from the ultraviolet rays of the sun. The problems of “acid
rain” which is caused mainly by the emission of sulphur dioxide and Nitrogen oxides from
power stations and industrial installations is a graphic example of it. The ill effect of “acid
rain” can be found on vegetables, soil, marine resources, and monuments as well as on
humans. Air pollutants and acids generated by the industrial activities are now entering forest
at an unprecedented scale.
It is imperative that the international community should be shaken from its slumber to be
prepared to combat this environmental crisis by taking appropriate measures, which should
be not only for controlling pollution but also for protecting and promoting environment. The
members of the international community should become environmentally more active by
being more conscious of the environmental responsibilities, which are implicit in their
solemn undertaking, to observe the 5th june of every year as an International Environmental
Day, given at the UN summit on Environment and development at Stockholm, in 1972.

3.1 Indian Efforts to Combat Environmental Pollution

As mentioned earlier, the perils of environment degradation have also prompted the nation-
states to enact and enforce several laws in their respective municipal jurisdictions. India has
joined the members of the international community in their crusade against environmental
problems, first, by amending its own fundamental law, and then, by following it up with the
enactment of several laws to protect national environment. Ina way, the new constitutional
provisions have given the necessary impetus to the environmental legislation in the country.

3.2 ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN

INDIA
1.1 ENVIRONMENT PROTECTION – FROM INDIAN CONSTITUTION PERSPECTIVE
a) The State's responsibility with regard to environmental protection has been laid down
under Article 48-A of our Constitution, which reads as follows: "The State shall endeavour to
protect and improve the environment and to safeguard the forests and wildlife of the
country".
b) Environmental protection is a fundamental duty of every citizen of this country under
Article 51-A(g) of our Constitution which reads as follows: "It shall be the duty of every
citizen of India to protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures."

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c) Article 21 of the Constitution is a fundamental right which reads as follows: "No person
shall be deprived of his life or personal liberty except according to procedure established by
law."
d) Article 48-A of the Constitution comes under Directive Principles of State Policy and
Article 51 A(g) of the Constitution comes under Fundamental Duties.
e) The State's responsibility with regard to raising the level of nutrition and the standard of
living and to improve public health has been laid down under Article 47 of the Constitution
which reads as follows: "The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which are
injurious to health."
h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the
responsibility of the State Government to protect and improve the environment and to
safeguard the forests and wildlife of the country. The latter, under Fundamental Duties,
makes it the fundamental duty of every citizen to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for living
creatures.
1.2 THE SUBJECTS RELATED TO ENVIRONMENT IN THE SEVENTH SCHEDULE
OF THE CONSTITUTION:
Union List
Union List Entries
52 Industries.
53 Regulation and development of oil fields and mineral oil resources.
54 Regulation of mines and mineral development.
56 Regulation and development of inter-State rivers and river valleys.
57 Fishing and fisheries beyond territorial waters.

State List Entries

6 Public health and sanitation.
14 Agriculture, protection against pest and prevention of plant diseases.
18 Land, colonisation, etc.
21 Fisheries.

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 23 Regulation of mines and mineral development subject to the provisions of List-I.
24 Industries subject to the provisions of List-I.

Common or Concurrent List Entries

17A Forests.
17B Protection of wild animals and birds.
20 Economic and social planning.
20A Population control and family planning
As conferred by Article 246(1), while the Union is supreme to make any law over the
subjects enumerated in List I, the States, under Article 246 (3), enjoy competence to legislate
on the entries contained in List II, and both the Union and the States under Article 246(2)
have concurrent jurisdiction on entries contained in List III. In the event of a clash, the Union
enjoys a primacy over States in that its legislation in the Union and the Concurrent List
prevails over State legislations. Also, the Parliament has residuary powers to legislate on any
matter not covered in the three Lists (Art. 248).
1.3 MANDATORY REQUIREMENTS - ENVIRONMENT
THE ELECTRICITY ACT, 2003
This Act seeks to create a framework for the power sector development by measures
conducive to the industry. Electricity Act does not explicitly deal with environmental
implications of activities related to power transmission. The applicable legal provisions under
this Act are as follows: Section 68(1) - sanction from the Ministry of Power (MOP) is a
mandatory requirement for taking up any new project. The sanction authorizes SJVN to plan
and coordinate activities to commission new projects.
THE FOREST (CONSERVATION) ACT, 1980
This Act provides for the conservation of forests and regulating diversion of forestlands for
non-forestry purposes. When projects falls within forestlands, prior clearance is required
from relevant authorities under the Forest (Conservation) Act, 1980. State governments
cannot de-reserve any forestland or authorise its use for any non-forest purposes without
approval from the Central government. The flow chart for forest clearance as per this law is
provided in Appendix -I.

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The steps for forest clearance are briefly described below
i) IDENTIFICATION OF FOREST AREA INVOLVED (LOCATION OF PROJECT)
Preliminary location of project is done by using tools such as the forest atlas and Survey of
India maps. During route alignment, all possible efforts are made to avoid the forest area (like
national park and sanctuaries) or to keep it to the barest minimum. Whenever it becomes
unavoidable due to the geography of terrain or heavy cost involved in avoiding it, different
alternative options are considered to minimize the requirement of forest area.
For selection of optimum proposal, the following criteria are taken into consideration:
a) any monument of cultural or historical importance is not affected by the project;
b) the proposed alignment of the project line does not create any threat to the survival of any
community with special reference to Tribal Community;
c) the proposed alignment of the project does not affect any public utility services such as
playgrounds, schools and other establishments;
d) the alignment of the project does not pass through any sanctuaries, National Park,
Biosphere reserves or eco-sensitive zones; and
e) the alignment of the project does not infringe with area of natural resources.
To achieve this, selection of forest area involved is undertaken in close consultation with
representatives from the State forest departments and the Department of Revenue. Minor
alterations are made to avoid environmentally sensitive areas and settlements at execution
stage.
Trees on such locations are felled but after stringing is complete and natural regeneration is
allowed to specific heights and whenever required the tree plantation is taken.
ii) FORMULATION OF FOREST PROPOSAL
After finalization of forest area involved for project location SJVNL submits details in
prescribed proforma to the respective DFO/ Nodal Officer (Forest) of concerned State
Government. DFO/ Nodal Officer forwards the details to the concerned Divisional Forest
Officer (DFO) / Conservator of Forest for formulation of forest proposal for processing of
clearance under the Forest (Conservation) Act, 1980. The DFO then surveys the relevant
forest area required for the construction of project under the possible alternatives. Forest
authorities conduct a cost-benefit analysis to assess the loss of forest produce, loss to
environment vis-à-vis benefits of project . Compensatory Afforestation (CA) scheme is
prepared to compensate loss of vegetation and is the most important and integral part of the
proposal. For CA, the forest authorities identify degraded forestland of twice the area of
affected land. SJVNL provides undertaking/ certificate to meet the cost of compensatory

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afforestation and the Net Present Value of forestland diverted. The NPV rate varies from Rs.
5.8 to Rs. 9.2 lakh per hectare (as per MoEF Notification dt. 23.04.04) and is payable to the
“Compensatory Afforestation Fund Management and Planning Authority” (CAMPA). If the
forest is rich in wildlife, then the Chief Wildlife Warden also gets a detailed assessment
report prepared including measures to protect the wildlife, which is submitted with the
proposal.
iii) APPROVAL OF PROPOSAL
The proposal is submitted to the state forest department and then forwarded to the principal
chief conservator of forests in the state and finally to the state secretariat. The State
Government recommends the proposal for further processing and approval to a) Concerned
Regional Office of the MoEF if the area involved is 40 hectare or less b) MoEF, New Delhi if
the area is more than 40 hectare. The approval process is illustrated in Appendix –II.
To facilitate speedy approval of forest proposal involving lesser area, Ministry of
Environment & Forests had established Regional Offices in each region for processing and
approving these proposals . The MoEF approves the proposal in two stages. In principle or
first stage approval is accorded with certain conditions depending upon the case. Second
stage, or final approval is provided after the compliance report of the conditions stipulated in
first Forest Proposal (FP) is received by MOEF,GOI from State Forest Department .
SJVNL follows all relevant guidelines including the directions of the Supreme Court in this
regard from time to time.

ENVIRONMENTAL (PROTECTION) ACT, 1986

The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that
provides a holistic framework for the protection and improvement to the environment.
In terms of responsibilities, the Act and the associated Rules requires for obtaining
environmental clearances for specific types of new / expansion projects (addressed under
Environmental Impact Assessment Notification, 1994) and for submission of an
environmental statement to the State Pollution Control Board annually. Environmental
clearance is not applicable to hydro projects also.
SJVNL undertakes Environmental Impact Assessment for all projects as a standard
management procedure as laid down in The Environment (Protection) Act, 1986 and also
functions within permissible standards of ambient air quality and noise levels as prescribed
by national laws and international regulations. The Environmental Clearance procedure is at
Appendix- III.

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Other rules and regulations under the Environmental (Protection) Act, 1986 applicable to the
operation of SJVNL are described below:
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981
The objective of this Act is to provide for the prevention, control and abatement of air
pollution, for the establishment, with a view to carrying out the aforesaid purposes, of
Boards, for conferring on and assigning to such Boards powers and functions relating thereto
and for matters connected therewith.
Decisions were taken at the United Nations Conference on the Human Environment held in
Stockholm in June 1972, in which India participated, to take appropriate steps for the
preservation of the natural resources of the earth which, among other things, includes the
preservation of the quality of air and control of air pollution.
Therefore it is considered necessary to implement the decisions foresaid in so far as they
relate to the preservation of the quality of air and control of air pollution.
WATER (PREVENTION & CONTROL ) ACT 1974
The objectives of the Water (Prevention and Control of Pollution) Act are to provide for the
Prevention and Control of Water Pollution and the maintenance or restoration of the
wholesomeness of water for the establishment, with a view to carrying out the purposes
aforesaid, of Boards for the prevention and control of water pollution, for conferring on and
assigning to such Boards powers and functions relating thereto and for matters connected
therewith.
WILDLIFE PROTECTION ACT, 1972
According to the Wildlife Protection Act, 1972 "wildlife" includes any animal, bees,
butterflies, crustacea, fish and moths; and aquatic or land vegetation which forms part of any
habitat. In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of
boundaries / National Park / Sanctuary shall be made by the State Govt. except on
recommendation of the National Board for Wildlife (NBWL)”.
Further, in terms of Supreme Court Order dated 13.11.2000 the State Govts have to seek prior
permission of Supreme Court before submitting the proposal for diversion of forest land in
National Park sanctuaries.
Whenever, any part of Wildlife Sanctuary / National Park is getting affected by a hydro
project the forest proposal in respect of such project is entertained by MoEF, GOI only after
permission of de-reservation / de-notification of Wildlife Sanctuary /National Park has been
accorded. After recommendation of Standing Committee of NBWL proposal for de-
reservation/ de-notification is ratified by Hon’ble Supreme Court.

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THE BIOLOGICAL DIVERSITY ACT, 2002
The Ministry of Environment and Forests has enacted the Biological Diversity Act, 2002
under the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the
5th day of June, 1992 of which India is also a party. This Act is to “provide for the
conservation of biological diversity, sustainable use of its components, and fair and equitable
sharing of the benefits arising out of the sued of biological resources, knowledge and for
matters connected therewith or incidental thereto.” As per the provision of act certain areas,
which are rich in biodiversity and encompasses unique and representative ecosystems are
identified and designated as biosphere reserve to facilitate its conservation. All restrictions
applicable to protected areas like National Park & Sanctuaries are also applicable to these
reserves. SJVNL abides by the provision of act wherever applicable and try avoiding these
biosphere reserves while finalising the project infrastructure locations.
HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT
RULES, 2003
These Rules classify used mineral oil as hazardous waste under the Hazardous Waste
(Management & Handling) Rules, 2003 that requires proper handling and disposal.
Organisation will seek authorisation for disposal of hazardous waste from concerned State
Pollution Control Boards (SPCB) as and when required.
OZONE DEPLETING SUBSTANCES (REGULATION AND CONTROL) RULES,
2000
MoEF vide its notification dt. 17th July, 2000 under the section of 6, 8 and 25 of the
Environment (Protection) Act, 1986 has notified rules for regulation/ control of Ozone
Depleting Substances ( ODS) under Montreal Protocol. As per the notification certain control
and regulation has been imposed on manufacturing, import, export, and use of these
compounds.
Organisations as per provisions of notification shall is phase out all equipment, which uses
these substances, and is aiming at CFC free organisation in near future.
1.4 OTHER ENVIRONMENT – RELATED LAWS
The Shore Nuisance (Bombay and Kolaba) Act, 1853
This is the earliest Act on the statue book concerning control of water pollution in India.
The Serais Act, 1867
The Act enjoined upon a keeper of Serai or an inn to keep a certain quality of water fit for
consumption by “persons and animals using it” to the satisfaction of the District magistrate or
his nominees. Failure for maintaining the standard entailed a liability of rupees twenty.

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The North India Canal and Drainage Act, 1873
Certain offences have been listed under the Act contained in Section 70.
Obstruction in Fairways Act, 1881
Section 8 of the Act empowered the Central Government to make Rules to regulate or
prohibit the throwing of rubbish in any fairway leading to a port causing or likely to give rise
to a bank or shoal.
Indian Easements Act, 1882
Illustrations (f), (h) and (j) of Section 7 of the Act deal with pollution of waters.
The Indian Fisheries Act, 1897
The Indian Fisheries Act, 1897 contains seven sections. Section 5 of the Act prohibits
destruction of fish by poisoning waters.
Indian Ports Act, 1908
Water pollution by oil has been regulated by the Indian Ports Act, 1908.
The Indian Forest Act, 1927
Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules
made by the State Government, poisons water of a forest area. The State Government has
been empowered under Section 32(f) to make rules relating to poisoning of water in forests.
The Damodar Valley Corporation Act, 1948
The Act Government the Corporation to make regulations with the previous sanction of the
Central Government for preventing “pollution of water”.
The Factories Act, 1948
Factories Act, 1948 is a social welfare legislation intend to secure health, safety and welfare
of the workers employed in factories. Hiowever,some of the provisions of this Act are
concerned with prevention of water pollution.
The Mines Act, 1952
Chapter V of the Act deals with provisions regarding health and Safety of the employees.
Section 19(i) Government upon arrangement for the quality of water for drinking purposes.
The River Boards Act, 1956
The Act provides for the creation of River Boards for regulation and development of
interstate rivers and river valleys. One of the functions of the Board is to advise to the
Government concerned on “prevention of pollution of the waters of the interstate rivers”.
The Merchant Shipping Act, 1958
The International Convention for the Prevention of Pollution of the Sea by Oil, 1954 is the
first treaty for the reduction of oil pollution of the sea. In order to give effect to this

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Convention, the Merchant Shipping Act regulates and controls the discharge of oil or oil
mixture by an Indian tanker or ship within any of the prohibited zones or by a foreign tanker
or other ship within the prohibited zone adjoining the territories of India. Further, there is a
prohibition for discharging any oil anywhere at sea from an Indian ship.
1.5 LEGAL AND REGULATORY FRAMEWORK FOR HYDRO PROJECTS
1.5.1 The principal Environmental Regulatory Agency in India is the Ministry of
Environment and Forests (MOEF). MOEF formulates environmental policies and accords
environmental clearance for the projects. The State Pollution Control Board (SPCB) accords
‘No Objection Certificate’ (NOC) and ‘Consent for Establishment and Operation’ for the
projects.
1.5.2 The project features entail a Environmental Impact Assessment Study to be conducted
which is a pre-requisite for obtaining environmental clearance from Ministry of Environment
& Forests, Government of India..
1.5.3 Environmental Impact Assessment (EIA) is an important management tool for ensuring
optimal use of natural resources for sustainable development, and was introduced in India
initially for River Valley Projects in 1978-79. The scope of the EIA has been enhanced to
cover other developmental sectors such as industries, mining schemes, energy, etc. To
facilitate project proponents in collection of environmental data and formulation of
environmental management plans, it is now mandatory under the Environment (Protection)
Act, 1986, for different categories of developmental activities involving investment beyond
certain thresholds .
The notification was issued on 27th January 1994 and was amended on 4th May 1994. This,
it is hoped would provide an opportunity both for the project proponents and Government to
assess the impact of the concerned project on the environment before it actually comes into
play .
1.5.4 The EIA study document fulfills the requirements for environmental clearance from
various agencies at the state level. These include State Pollution Control Board and
Committee of Experts working under the aegis of Department of Science & Technology,
State Governments.
1.6 SJVN’S INITIATIVE (Satluj Jal Vidyut Nigam)
The regulatory framework and policy both at the central and state level for environmental and
social issues applicable to the HYDRO Power Projects is also application to SJVN. In
addition, SJVNL has also taken into consideration the requirements of multilateral funding
agencies while finalising the Environment Policy . SJVNL sees its responsibilities under the

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present legal framework as two fold as under: mandatory requirements under the law and the
guidelines of funding agencies; and
prescriptive requirements that influence management procedures addressing environmental
and social issues
SJVNL undertakes all its activities within mandatory requirements under the National law
and the guidelines of funding agencies, and prescriptive requirements that determine the
management procedures for addressing environmental and social issues. Mandatory
environmental requirements for SJVNL at a national level include: Land Acquisition
Procedures under Land Acquisition Act, 1894. Forest clearances under the Forest
(Conservation) Act, 1980; specifically Environmental clearances under Environment
(Protection) Act, 1986.During the operations of the projects regulations like Hazardous
Wastes (Management and Handling) Amendment Rules, 2003 regarding disposal of used
transformer oil and Ozone Depleting Substances (Regulation and Control) rules, 2000 putting
restriction on use of ozone depleting substances come into force and require voluntary
enforcement and funding agencies requirements some time. The Forest & Environment
Clearances procedure have been detailed in the Annexure -I to III of this document.

REFERENCE
1. Aruna Venkat, Environmental Law and Policy, PHI Learning Private Limited, New
Delhi.
2. The Constitution of India .
3. Environmental Regulations and Legal Framework in India, Constitution of India.

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