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National Green Tribunal

Judgement / Orders

NATIONAL GREEN TRIBUNAL (NGT) ORDER ON 50 METERS OF A FOREST BOUNDARY

NGT mandated that no mining, blasting, or heavy industrial activity is permitted within 50 meters of a forest boundary. The State Environment Impact Assessment Authority (SEIAA) had been directed to strictly enforce this zone and revoke Environmental Clearances (EC) or deny if the project perimeter is within this limit.

National Green Tribunal (NGT) order on suspension of DEIAAs  & DEACs -2018

NGT halted the functioning of District Environment Impact Assessment Authorities (DEIAAs) & DEACSs by suspending the MoEF&CC Notification of 2016 (which allowed districts to grant Environmental Clearances for minor minerals)..

Background of the 2016 Notification

Due to Herculean efforts of FMAR, In January 2016, the Ministry of Environment, Forest and Climate Change (MoEF&CC) issued a notification decentralizing the Environmental Clearance (EC) process. It established the DEIAA and the DEAC (District Expert Appraisal Committee) to grant ECs for minor minerals (such as sand mining) in areas up to 5 hectares.

The NGT Intervention (Satendra Pandey v. MoEF&CC)

  • Lack of Expertise: The Tribunal ruled that district-level committees (DEAC) were devoid of scientific or environmental experts competent to accurately assess environmental implications before granting leases.

Violation of Supreme Court Directives: The 2016 decentralization framework violated the Supreme Court’s mandate in the Deepak Kumar vs. State of Haryana case, which had directed that scientific studies and strict regulatory checks are vital for minor mineral extraction

National Green Tribunal (NGT) order on reappraisal of ECs by SEIAA-2024

The August 8, 2024 order by the NGT in Jayant Kumar vs. MoEF&CC (O.A. 142 of 2022) mandated the complete halt of mining operations operating on Environmental Clearances (ECs) granted by District Environment Impact Assessment Authorities (DEIAA) unless they have been reappraised and validated, or granted fresh ECs by the State Environment Impact Assessment Authority (SEIAA).