PANJIM: The National Green Tribunal (NGT) principal bench has stayed the Union Ministry of Environment and Forest (MoEF) notification empowering local governing bodies like panchayats, municipalities to grant environmental clearances (ECs) for construction projects which have built up areas between 20,000 and 50,000 sq mtrs.
Staying the order, NGT said, “Prima facie it observed that the existing mechanism will fall short of the requirement of the principle of ‘sustainable development’, and ‘precautionary principle’ which are part of the Constitution.
“Accordingly, while issuing notice we stay operation of the unsigned notification and direct that existing mechanism prior to this notification will continue till further order,” the order passed by chairperson Adarsh Kumar Goel on December 3, states.
MoEF had on November 14, 2018 issued the notification under Section 23 of the Environment (Protection) Act, 1986. The notification was challenged before NGT by one Shashikant Vithal Kamble.
NGT pointed out that failure of the local bodies to apply the law has led to large scale violations of Town and Country Planning laws and the resultant environmental degradation.
“If such constructions are exempted from the purview of the Expert Appraisal Committee, it will amount to failure to protect the environment which is the duty of the MoEF&CC under the Environment (Protection) Act 1986, which was enacted to give effect to the international community under RIO Convention 1992,” the order stated.
The matter has been kept for consideration on January 22, 2019.
