ALIGARH MUSLIM UNIVERSITY, ALIGARH

FACULTY OF LAW
PROJECT WORK OF ENVIROMENTAL LAW

TOPIC: DETAILED ACCOUNT OF

ENVIROMENT IMPACT ASSESMENT
SUBMITTED TO: - MR. MOHIB ANWAR

SUBMITTED BY: GANESH

ENROLMENT No. :-GK3481
ROLL No. : - 17BALLB-83
SEMESTER: 8TH
 Acknowledgement

In preparation of my assignment, I had to take the help and

guidance of some respected persons, who deserve my deepest
gratitude. As the completion of this assignment gave me much
pleasure, I would like to show my gratitude to my Prof.
Mohib Anwar  for giving me a good guidelines for project
work throughout numerous consultations.

I would also like to expand my gratitude to all those who

have directly and indirectly guided me in writing this project
work.
 CONTENTS

 INTRODUCTION
 RATIONALE BEHIND EIA
 HISTORICAL PERSPECTIVE
 EIA PROCEDURE IN INDIA
 Screening
 Preliminary Assessment
 Scoping
 Main EIA
 Public Hearing
 ANALYZING THE CURRENT PROCEDURE
 CONCLUSION
 REFERENCES
 INTRODUCTION

Environmental Impact Assessment (EIA) refers to the formal process undertaken to

understand the environmental consequences of any developing project or business plan upon
its implementation. It is thus an efficient tool to identify projects which can be executed with
the best possible combination of economic and environmental considerations. It is defined as
an activity designed to identify the impact on the biogeophysical environment, on man and
well-being of legislative proposals, projects, policies, operational procedures and to interpret
and communicate information.1The need for environmental clearance in India arose when the
Planning Commission required a comprehensive examination of several upcoming river
valley projects around 1976-77. Later the Environmental Protection Act of 1986 made EIA
mandatory in the year 1994.

EIA is a systematic process of identifying future consequences of a current or proposed

action.

RATIONALE BEHIND EIA

EIA looks into various problems, conflicts and natural resource constraints which may not
only affect the viability of a project but also predict if a project might harm to the people,
their land, livelihoods and environment. Once these potential harmful impacts are predicted,
the EIA process identifies the measures to minimize those impacts. Thus, the objective of the
EIA is to:
 Identify the environmental, social and economic impacts of a project prior to taking a
decision on its implementation.
 Mitigation of harmful impacts and maximizes the beneficial effects.

Once the assessment is complete, the EIA findings are communicated to all stakeholders. On
the basis of the conclusion of EIA process, the government can decide if a project should be

1
https://www.biologydiscussion.com/environment/environmental-impact-assessment-eia-definition-process-and-
importance/16777 last visited on 22nd May, 2020.
given environment clearance or not. The developers and investors can also shape the project
in such a way that its harms can be mitigated and benefits can be maximized.

HISTORICAL PERSPECTIVE

The EIA process finds its origin from United States where due to huge public pressure; the
government enacted National Environmental Policy Act (NEPA) in 1970s.  The role of EIA
process was formally recognized at the Earth Summit in Rio Conference in 1992 in which the
Rio declaration stated that EIA shall be taken as national instrument for proposed projects
which might adversely impact the environment.
Till 1980s, almost all projects were implemented with little or no environment concerns in
India. The Department of Environment came into existence in 1980s. Before that the matters
related to environment and forests were within the purview of Department of Science and
Technology and Agriculture respectively. The department of environment was upgraded to a
full-fledged ministry in 1985. Gradually, the environment clearance to large projects became
administrative requirement. In the early 1990s, the MoEF issued guidelines for River Valley
Projects requiring EIA process that would study the impacts of submergence zones of such
projects on forest, wildlife, water logging potential, impacts on upstream and downstream
aquatic ecosystems, water related pathogens and diseases, climate changes and seismicity etc.
However, it was 1994 when ministry released official “Environment Impact Assessment
Notification 1994”. Criteria were decided to take environment clearance for projects from
centre or state level. Around 30 projects were put under Central Government to provide
environment Clarence. Such projects included Nuclear Power and related projects, River
Valley Projects, Ports, Harbours, Airports, Petroleum refineries, Chemical fertilizers,
Pesticides, Bulk drugs and Pharama, Oil Exploration, Synthetic rubber, Asbestos etc.
 EIA PROCEDURE IN INDIA

In India, there is an elaborate EIA process involving many steps such as Screening,
Preliminary Assessment, Scoping, Main EIA including public hearing, appraisal etc.
First of all, the developer has to prepare an EIA report with the help of an environment
consultant. On the basis of such report, the EIA may be either comprehensive EIA or Rapid
EIA.
 If the EIA report has to incorporate the data of all four seasons of a year, it is
called Comprehensive EIA.

 If the EIA report has only one season data, then it’s called Rapid EIA.
We note here that the comprehensive EIA was later on diluted by Environment Ministry and
currently, only Rapid EIA is sufficient.
 Screening
Screening is the first and simplest process in project evaluation. It decides if the project needs
EIA or not. The government rules categorize projects into two categories, A and B based on
the spatial extent of the impacts, effects on human health and the effects on the environment.
 Category A projects are looked into by the Central Government

 Category B Projects go to the State Government.

 Category B projects are further sub divided into Category B1 and Category
B2.
 B1 require a public hearing for EIA.

 B2 doesn’t require.
Screening basically screen outs the projects that don’t require EIA process. But there are
several issues with this. 
Firstly, the projects are excepted from EIA on the basis of value of investments they would
be involving. The logic behind this is to keep out the small projects from tangles of the
complex process. But, no one has proved that environment impacts are caused only by
projects above certain value. There are many small scale industries that contribute to
pollution to a great extent, and sometimes at par with large projects. Secondly, even if a
project may be eligible for exception from EIA process, they might involve some technical
processes which might be harmful to the environment.2

2
https://www.gktoday.in/gk/environment-impact-assessment/ last visited on 21st May, 2020.
  Preliminary Assessment

The screening would thus clear a project or hold it for further stages. If it is held for next
stage, the developer will have to take Preliminary Assessment, which involves sufficient
research, review of available data and expert advice in order to identify the key impacts on
the project at local environment. This study will predict the extent of the impacts and would
briefly evaluate the importance for decision makers.
After the preliminary assessment, the competent authority would review it and would decide
if there is a need of comprehensive EIA or Rapid EIA. Then, the developer will have to
prepare the EIA report. The competent authority would create an EIA team with independent
coordinator and an expert study team. However, it is often seen that members of such teams
don’t have experts from social science, anthropology etc.
 Scoping
The first task of the EIA study team is scoping the EIA. The aim of scoping is to
ensure that the study address all the issues of importance to the decision makers. First
of all the team’s outlook is broadened by the discussions (with the project
proponents , decision makers, the regulatory agency, scientific institutions , local
community representative and others) to include all the possible issues and concerns
raises by various groups. Then the study team selects primary impacts for the EIA to
focus upon depending on the basis of magnitude, geographical extent, significance to
decision makers or because the area is special locally (e.g. soil erosion, the presence
of an endangered species, or a near by historical sites) or is an eco-sensitive area. 3
 Main EIA
Once scoping is over, the main EIA begins. Basically, EIA would try to answer the following
questions:
1. What are the potential results of the project?

2. What are the potential changes and extent of those changes? To what extent such
changes matter?

3. What can be done about these changes? How the decision makers have to be informed
of these changes?

3
https://elibrarywcl.files.wordpress.com/2015/02/environment-impact-assessment-process-in-india-and-the-
drawbacks-1.pdf retrieved on 21st May, 2020.
 Thus, the EIA becomes a cycle of asking questions, and further questions until workable
solutions are reached. During this process, the key impacts on environment such as changes

in air quality, noise levels, impacts on wild life, impact on biodiversity, impact on local
communities, changes in settlement patterns, changes in employment stats, changes in water
consumption and availability etc. are formally identified.
The answers of the questions make the so called “prediction” in the EIA process. The
prediction scientifically characterises the impacts quantitatively as well as qualitatively. We
note here that prediction techniques involve some degree of uncertainty.
Prediction is followed by evaluation. This part evaluates the predicted adverse impacts and
determines if they can be significantly mitigated. The next step is mitigation ion which the
study team would analyze the wide range of measures for mitigation of adverse impacts.
Such measure may include changing the project site, operating methods, raw materials,
disposal methods and routes, engineering designs, waste treatment, phased implementation,
landscaping, training, social service etc. The compensation for damaged resources, affected
persons etc. are also offered here. Overall, the mitigation costs are identified and quantified.
This part also involves the Cost benefit analysis of the project in terms of mitigation costs.
Once mitigation measures and costs are identified, the next part is documentation, which is
called EIA report. This report has executive summary of the project, a description of the
proposed development, major environment issues, impacts on environment, prediction,
mitigation measures and options etc. along with gaps and uncertainties in the information;
and a summary of the EIA process for general public.4
The project developer would now submit 20 copies of the executive summary to SPCB (State
Pollution Control Board). It is now responsibility of the SPCB to conduct a public hearing.
 Public Hearing
The SPCB conducts a public hearing at the site or in its close proximity- district wise for
ascertaining concerns of local affected persons. It includes obtaining responses in writing
from other concerned persons by posting on website within 7 days of receiving application. in
India, Public hearing is not required for the following projects:
 Small scale industrial undertakings located in

 Notified or designed industrial areas/ industrial estates.

4
https://www.gktoday.in/gk/environment-impact-assessment/ last visited on 21st May, 2020.
 Areas marked for industries under the jurisdiction of industrial development
authorities.
 Widening and strengthening of highways

 Mining projects (major minerals) with lease areas upto 25 hectares

 Units located in export processing zones and special economic zones and

 Modernization of existing irrigation projects. MoEF is the nodal agency for

environmental clearance.
Once public hearing is over, the project developer will get a NOC from SPCB and submit
application to the MoEF secretary to get environmental clearance. In MoEF, the application
evaluated by an Impact Assessment Agency (IAA). IAA may consult the experts and again
create a team to study the project. It has full right of entry and inspection of the sites or
factory premises prior to, during or after the commencement of the project.
IAA team does a technical assessment and gives its recommendations within 90 days. On the
basis of this, the MOEF grants the environmental clearance which is valid for a period of five
years for commencement of the construction or operation of the project.

ANALYSING THE CURRENT PROCEDURE

As detailed and well laid out the procedure seems on paper, the EIA in India is yet to gain
effective momentum due to the lags in timing, funding and above all, initiative. Given the
multidisciplinary nature of the environment that surrounds us all, the issue starts with
innumerable agencies working on the subject with the lack of a single standard consolidated
report or organization to make the bounty of data accessible. As for the quality of the existing
process, the EIA system is yet to adopt the necessary technological enhancements required to
speed up the process and make quality and accurate data available to the masses. The ease of
corruption and red tape swaying the approval rates and public hearings makes the journey
even more difficult for organizations with a vision but limited means. 

The undue focus on the cost of the project keeps in mind the need to alleviate smaller groups
from the vicious trap involving documentation, courts, high fee and time constraints. Given
that the aim of the EIA is to address any activity, small or large, residential or commercial, in
the way it impacts the environment around it, the screening process needs to be more
objective in the way it is carried out. Perhaps the biggest hole in the road to achieving proper
EIA is the way of the current system to intervene in the later stages of decision making.
Considering highly developed countries with their robust assessment systems, what sets these
systems apart is the efficiency of their internal channels, with the regulatory authorities being
active participants ever since the inception of the proposed project. Delving deeper into the
procedure, a more time-efficient yet adequate study of the size of the project coupled with
alternative solutions needs to be focused on, which further goes on to demand stronger
development of R&D in the country. For instance, the Aarey forest controversy saw at
least 2000 trees being cut down for the development of the Mumbai metro car depot, with a
clear go ahead for bringing down more. India, with all that it suffers from right now which
goes on to include lack of proper infrastructure teamed up with high Air Quality Indices
(AQIs), shows clear signs of structural abnormalities. 5 It has been widely argued that we
cannot afford to continue with reckless deforestation in the name of development. Chopping
down of the Aarey forests which have been known as the ‘green lungs of the city’, is a case
highly reflective of the ineffectiveness of India’s current EIA procedure. 

Talking about the kind of organizations we see fighting for environmental violations, most of
the cases are brought in by activists backed by NGOs. Many of these change-driven
organisations do not have the financial means required to fight their opponents, a majority of
whom are individuals or companies with monetary backing and social standing. Thus, the
influence of costs over motive leads the official channel astray as that is where most of these
organizations lose out. Furthermore, the unavailability of official documents in vernacular
languages, leads to an unnecessary alienation of the local communities who wish to bring
about a change by voicing their grievances.6

CONCLUSION

In a nutshell, India’s complex regulations along with an environment for legal non
compliance prove to be barriers towards achieving a more sustainable EIA procedure. Given
the current status, what the country needs is not an arbitrary one size fits all methodology. It
needs a well conceived revision of its EIA mechanism which addresses whatever loopholes
have been uncovered in the current system. In order to be at par with its more developed
peers, the focus needs to be on a cleaner system with no concentration of power within the

5
https://timesofindia.indiatimes.com/india/aarey-metro-shed-controversy-all-you-need-to-
know/articleshow/72298646.cms last visited on 17th May, 2020.
6
https://lexquest.in/assessing-indias-environmental-impact-assessment-procedure/ last visited on 22nd May,
2020.
hands of a few and a more inclusive, intricate arrangement which restores common faith in
the functioning of the environmental governance mechanism. For this, India needs work on a
number of fronts, ranging from corruption to administrative overhaul and most importantly,
its capability to achieve what any given formal structure within the country was meant to
achieve.

REFERENCES

 https://timesofindia.indiatimes.com/india/aarey-metro-shed-controversy-all-you-need-
to-know/articleshow/72298646.cms last visited on 17th May, 2020.

 https://lexquest.in/assessing-indias-environmental-impact-assessment-procedure/ last
visited on 22nd May, 2020.

 https://elibrarywcl.files.wordpress.com/2015/02/environment-impact-assessment-
process-in-india-and-the-drawbacks-1.pdf retrieved on 21st May, 2020.

 https://www.biologydiscussion.com/environment/environmental-impact-assessment-
eia-definition-process-and-importance/16777 last visited on 22nd May, 2020.

 https://www.gktoday.in/gk/environment-impact-assessment/last visited on 21st May,

2020.