Order of the National Green Tribunal regarding non-implementation of EIA in the construction of buildings, Jharkhand, 06/01/2020

  • 06/01/2020

Order of the National Green Tribunal in the matter of R. K. Singh Vs Union of India & Others dted 06/01/2020 regarding non-implementation of Environmental Impact Assessment Notification, 2006 in the State of Jharkhand in respect of building constructions.

It is stated that the State of Jharkhand has undertaken various major constructions of buildings particularly in the cities of Ranchi, Jamshedpur, Bokaro and Deogarh without obtaining mandatory prior environmental clearance under the EIA Notification, 2006 even when it is mandatory in respect of structures having more than 20,000 Sq. Ms. which is categorized as Category 8(a) under the notification. Specific mention has been made of the Jharkhand High Court Building, Jharkhand Vidhan Sabha, P & M Hi-Tech City Centre Mall, Jamshedpur, Vijaya Garden Homes and Aastha Twin City.

Report filed by SEIAA-Jharkhand reveals alarming instances of violation of the EIA Notification. None of the buildings indicated in the original application have requisite Environment Clearance and similar infractions were stated to have been committed in respect of other structures provided in a list. The structures pertain to the various Municipal Corporations, Municipal Councils and Municipal Panchayat areas of Jharkhand as tabulated in the report.

As the buildings are mostly owned either by the government and public undertakings, the option of demolishing the structures cannot be taken at this stage, the tribunal ruled. The NGT direced the MoEF&CC to examine the matter in depth and workout a viable measure to deal with the situation and submit a report within two months.