Tuesday, August 30, 2011

Environment approvals valid only for 5 yrs: HC

The high court of Bombay at Goa has in a recent judgment held that the environmental clearances granted under the Environment Impact Assessment Notification (EIA), 1994, were valid only for a period of five years from the date of commencement of mining operations.

A division bench comprising Justice S A Bobde and Justice F M Reis passed the judgment in a public interest litigation filed by Shankar Jog, a retired environmental activist. The petitioner had challenged the operation of an iron ore mine operated by Talaulicar & Sons Pvt Ltd at Saniem, Sacorda. He had alleged that the clearances granted to the mine in 2005 under the EIA notification had expired in 2010 by virtue of condition stipulated in the notification.

While allowing the PIL, the bench has held that "in case there is no check on the environment hazard at the time of carrying out the mining activities, it can lead to degradation of the environment".

The court has also granted liberty to the company to seek renewal of the clearances within a period of three months, failing which, the court has directed it to discontinue the mining operations in the concerned mine after the said period until the environment clearance is obtained.

Mapusa-based NGO Goa Foundation, in a press note on Thursday, stated the judgment will impact 54 mines in the state. All these mines will now have to stop the operations and seek fresh environment clearances from the environment ministry, said Goa Foundation's director Claude Alvares.
 
By :Times of india