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International Journal of Scientific Development and Research - IJSDR
(An International Open Access Journal)
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2455-2631


Issue: November 2021

Volume 6 | Issue 11

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Paper Title: ENVIRONMENT IMPACT ASSESSMENT - Dynamics of Environmental governance
Authors Name: Ishwer Singh , Prof. (Dr) Ms Suman Tomar (Retd)
Unique Id: IJSDR2008018
Published In: Volume 5 Issue 8, August-2020
Abstract: The present paper seeks to study the process of evaluating environment impact assessment (EIA) for developmental activities or projects , as envisaged under the Indian law, and how the shift in approach and strategy, over a period of time, by the government with regard to the mechanism of environmental governance has changed the dynamics of infrastructural developmental processes. The dynamics in concept and strategy adopted for evaluating the environment impact assessment processes appears to have been based on some dynamic variables. While at the inception the methodology adopted for EIA process, conceived in 1994 and subsequently in 2006, provided for obtaining prior approval from the concerned authority before the establishment of certain activities, industries or processes, yet this approach is often not being strictly followed in letter and spirit. The experiences have revealed that the project proponents, at times, flout the stipulated procedure and they not only commenced such projects or activities but even complete the projects and then attempt to seek post- facto approval for statutory environmental clearance from the concerned authorities for such projects, in a fait-accompli situation. Whether the post facto approval of such activities, industries or projects can be ratified, if so, in what manners and consequences thereof? Whether certain activities or projects which cause severe impact or likely to cause severe impact on environment may be exempted from the statutory requirements of EIA clearance procedure? Whether in the guise of developments for certain infrastructural projects, the procedural requirements may be curtailed so as to hasten the EIA process /studies of such activities / projects and the essential pre-requisites may be given go-bye? How the judiciary has dealt with such cases when situations has so arisen.? The Hon’ble Supreme Court has reiterated that the concept of 'ex post facto' Environmental Clearance' is against the fundamental principles of environmental jurisprudence. What should be the approach for environmental governance and in adopting “precautionary principle” and the “polluter pay principle” to avoid a fait accompli situation?
Keywords: Environment Impact Assessment [EIA] means a process of evaluating the impact or likely impacts on environment of a proposed developmental activities or projects; taking into account, socio-economic, human-health, both beneficial and adverse, impacts; Environment Management Plan(EMP) means to draw a mechanism with a comprehensive plan to address the likely adverse impact of any activities or processes .Environmental Appraisal(EA) means a process or study to examine /assess the impact by the experts to take the final decision, keeping in mind EIA and EMP.
Cite Article: "ENVIRONMENT IMPACT ASSESSMENT - Dynamics of Environmental governance", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.5, Issue 8, page no.172 - 184, August-2020, Available :http://www.ijsdr.org/papers/IJSDR2008018.pdf
Downloads: 00060115
Publication Details: Published Paper ID: IJSDR2008018
Registration ID:192281
Published In: Volume 5 Issue 8, August-2020
DOI (Digital Object Identifier):
Page No: 172 - 184
Publisher: IJSDR | www.ijsdr.org
ISSN Number: 2455-2631

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