PANJIM: The National Green Tribunal (NGT) Principal Bench has directed the Union Ministry for Environment, Forest and Climate Change (MoEF&CC) to re-visit its notification exempting mining leases from the requirement of environmental clearance (EC) for two years, within three months.
“The blanket exemption must be balanced by sustainable development concept. The exemption should strike balance and instead of being blanket exemption, it needs to be hedged by appropriate safeguards such as the process of excavation and quantum,” the green bench comprising Chairperson Adarsh Kumar Goel said in its order.
The tribunal was hearing a plea filed by Kerala activist Noble M Paikada challenging the March 28, 2020 notification which amended the 2006 laws on the need for an EC before undertaking a project impacting the environment. The amendment exempts mining leases from the requirement of EC for two years, apart from exempting, inter-alia, extraction of the earth for linear projects such as roads, pipelines, etc, the plea said.
“There may be justification for the exemption as such but some mechanism is required for damage assessment and mitigation measures in respect of a particular lease at the time of transfer,” NGT noted.
“We accordingly dispose of this petition by directing the MoEFCC to revisit the impugned notification in the light of the above observations within three months,” the bench ordered.
The applicant had argued that the EC requirement for mining leases has been laid down by the Supreme Court and that cannot be exempted.
The Supreme Court had in July dismissed a plea by an NGO challenging the notification saying that development will come to standstill if mining of ordinary earth also needs an EC.
