Order of the National Green Tribunal regarding monitoring mechanism for compliance of EC conditions, 29/04/2019

  • 29/04/2019

Order of the National Green Tribunal in the matter of Sandeep Mittal Vs Ministry of Environment, Forests & Climate Change & Others dated 29/04/2019 regarding the effectiveness of monitoring mechanism for compliance of Environmental Clearance (EC) conditions as per Notification dated 14/09/2006 under the Environment (Protection) Act, 1986.

The NGT says that "laying down conditions for EC is not enough unless compliance thereof is monitored" and notes that there is no monitoring to the extent of 92% in category -B projects and 33% of category-A projects. Further, the monitoring mechanism only involves issuance of show cause notices and seeking action taken reports but there is no application of ‘Polluter Pays’ principle by assessing and recovering compensation where violations are found. The NGT directs MoEF&CC to take remedial measures by incorporating the requirement of recovery of compensation for the violation of environmental conditions.  The Order further added that there should be a mechanism to provide for 100% checking of EC conditions with respect to category-A projects and a reasonable percentage of category-B projects.