Order of the National Green Tribunal regarding quashing of notification issued by MoEF dated 24/12/2013

  • 27/08/2018

Order of the National Green Tribunal in the matter of Satendra Pandey Vs. Ministry of Environment, Forest & Climate Change & Others dated 27/08/2018.

This application seeks quashing of Notification dated 15.01.2016 and Notification dated 20.01.2016 issued by Ministry of Environment, Forests and Climate Change on the ground that constitution of the District Environmental Impact Assessment Authority (DEIAA) is in violation of Notification dated 14.09.2006, wherein composition for constitution of DEIAA and SEIAA/SEAC have been laid down. According to the applicant, environment clearance has become necessary for acquiring/renewal minor mineral of less than 5 hectares in view of the Supreme Court judgment of Deepak Kumar Vs. State of Haryana 2012 (4) SCC 629.

NGT stated that "what particular norms must be followed may have to be determined from case to case. The guiding principle remains that any substantial question relating to environment arising out of Schedule 1 Acts has to be resolved under section 14 of the National Green Tribunal Act, 2010". Question for consideration is whether notification issued in the light of Office Memorandum dated 24.12.2013 issued by MoEF as a result of NEERI report meets the norms laid down in the judgment of Deepak Kumar.

Counsels for the parties (Ministry of Environment, Forest & Climate Change & Others) seek time to produce a chart not only showing the norms which were applicable and which are now laid down but also what should be the standard norms required for protection of the environment based on any expert studies or court decisions.