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NGT pulls up Assam SEIAA for granting clearances in violation of SC order

The National Green Tribunal has found that Assam’s State Environment Impact Assessment Authority granted environmental clearances for mining in Udalguri without a final District Survey Report

By Rituraj Borthakur
NGT pulls up Assam SEIAA for granting clearances in violation of SC order
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Photo: IANS

Guwahati, July 16: The National Green Tribunal (NGT) has found that the State Environment Impact Assessment Authority (SEIAA), Assam granted environmental clearances in gross violation of the law laid by the Supreme Court, and has sought an explanation from the regulatory body.

The matter refers to granting of environmental clearances (ECs) to sand, stone and gravel mahals in Udalguri district.

The District Survey Report (DSR) was not finalized when the clearances were issued. According to a Supreme Court order, ‘a valid and a subsisting DSR alone can be the basis for an application for grant of EC. A draft DSR is untenable for grant of an EC.’

“How could the three ECs have been granted prior to approval of the DSR. This shows a thoroughly callous and irresponsible way of working of SEIAA, Assam. We also find that the action of the SEIAA, Assam in granting ECs without there being a valid DSR is in gross violation of the law laid down by the Supreme Court,” an NGT order said.

On the contrary, ECs were issued with the condition that the mining areas in question must be reflected in the DSR once finalized. The DSR was finalized more than five months after the ECs were given.

“We therefore direct SEIAA, Assam to file its affidavit showing what remedial action has been taken by it to remedy the illegalities committed by it,” the NGT said in the order, which has also been forwarded to the Ministry of Environment, Forests and Climate Change (MoEF&CC).

Projects falling under ‘Category A’ (as defined by the Government of India) requires appraisal by the Central Level Expert Appraisal Committee (EAC) and EC from MoEF, and ‘Category B’ projects require appraisal by the State Level Expert Appraisal Committee (SEAC) and EC from State Environment Impact Assessment Authority, a body that is notified by the Centre.

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