KALPAVRIKSH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER No. 1, 'Kalpavriskha' claims to be a reputed environmental non profit organisation working since 1979. Amongst other subjects, the key focus area of this petitioner is stated to be research and advocacy on environmental governance aspects of developmental infrastructure projects and activities in the country. In legal and policy action this petitioner has given inputs on content and implementation of laws, impacting conservation and livelihoods under different laws. This petitioner participated in the preparation of Draft of National Biodiversity Strategy and Action Plan. Various investigation and research projects have been undertaken by this Petitioner. The petitioner claims to have raised various issues in the field of environment and is also raising issues of public interest in the application in hand. Similarly, petitioner No. 2, 'Goa Foundation' was founded in the year 1986 by a group of Goan environmentalists, each fighting his or her own individual environmental battles. The work of this petitioner spans in different areas and fields, all related in some way or another with the conservation of the Goan environment. Petitioner No. 3, Mr. Manoj Mishra claims that he is a former member of Indian Forest Services and retired as the Chief Conservator of Forest, State of Chhattisgarh. He has been involved in many civil society initiatives relating to the conservation of environment. The said petitioner is the Convenor of the Yamuna Jiye Abhiyaan', an awareness and advocacy campaign for the revival of River Yamuna.

(2.) ACCORDING to the petitioners, Ministry of Environment and Forest (for short 'MoEF') is the nodal agency of the Central Government with the primary objective of protecting the environment and all its constituents, to conserve the natural resources of the country and to undertake measures for prevention and control of pollution. To meet these objectives, the MoEF has made it mandatory for certain specified categories of projects to obtain an Environmental Clearance prior to commencing any project work. The decision whether or not to grant Environmental Clearance to a project depends mostly on the impact of the project on the environment as well as the potential implications of the project on the people. The decision making process surrounding the Environmental Clearance process is complex, as it requires the consideration of several factors which are spread across various disciplines and are not restricted only to environmental considerations. The social impacts of projects are equally crucial as projects often cause displacement of thousands of persons along -with destruction of important cultural, historical and religious sites and symbols. The MoEF for taking decision in this regard relies upon the contribution of various experts in the field of environment. The MoEF appoints Expert Appraisal Committees (for short 'EAC') to assist it in this decision making process. Members of the EACs represent various areas of expertise and are expected to contribute towards a holistic decision making process. The MoEF while exercising its powers under Section 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 (for short 'Act of 1986') and Rule 5(3)(a) of the Environment (Protection) Rules, 1986 (for short 'Rules of 1986') has issued several Notifications with regard to prohibition and restrictions on the locations of industries and the carrying on of processes and operations in different areas. In exercise of these powers various notifications have been issued inter alia specifying the projects which require Environmental Clearance under different categories and the procedure for obtaining such clearance.

(3.) APPENDIX VI to the Notification of 2006 details the composition of the sector/project specific EAC for Category 'A' projects and the SEACs for Category B Projects. These committees are to be constituted by the Central Government in consonance with the qualification and experience stated under this very Appendix. It is clear from the cumulative reading of the Notification of 2006 along -with its Schedule and Appendices that the recommendation made by the EAC or SEAC as the case may be are critical in the whole Environmental Clearance process thereby making it imperative that those who are Members of the EAC are well qualified and experienced persons so as to further the cause of environment and ensure appropriate consideration of the applications for grant or refusal of Environmental Clearance of projects. It is the case of the applicant that the MoEF had issued various Notifications and in all of them, the Government had stated that it would evaluate and assess an application for Environmental Clearance in consultation with a Committee of experts. The composition of the Committee of experts, as per the Notification of 2006, includes persons from various disciplines including eco -system management, air/water pollution control, water resource management, ecologists, social sciences particularly rehabilitation of project oustees and representatives from other relevant fields.