Planning To Change SEIAA & DEIAA Process For Grant Of Environmental Clearance : Union Tells Supreme Court

The Union of India today (February 20) informed the Supreme Court that it would propose key changes in the District Environment Impact Assessment Authorities (DEIAA) and State Environment Impact Assessment Authorities (SEIAA), which grant environmental clearances.

The bench of CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan was hearing a civil appeal against an order of the National Green Tribunal which disapproved of the grant of Environment Clearances in certain leases by the District Environment Impact Assessment Authorities (DEIAA) instead of State Environment Impact Assessment Authorities (SEIAA)

Previously, the Court directed State Governments to constitute SEIAA within 6 weeks wherever they have not been formed.

Today, Additional Solicitor General (ASG) Aishwarya Bhati for the Union informed of the proposed changes that the government plans to bring in the composition of the SEIAAs. The Union also submitted that it would file an affidavit explaining the proposed changes to the threshold for environmental appraisals and introducing an Environmental Management Plan where the mining clusters are within 5 hectares. ASG verbally submitted that it also proposes to assign clusters between 5-25 hectares to SEIAA instead of DEIAA.

Considering the same, the Court directed the Union to submit the proposed changes by February 24 in its affidavit.  The CJI also verbally remarked on the need to ensure that equitable voting rights are given in the SEIAA while approving a mining lease proposal. He said : 

"We are making it very clear, as far as the voting rights are concerned, when it comes to accepting or rejecting the proposal, the 3 members of yours will have two votes, you will not have the casting vote....as far as experts are concerned, they will have 3 votes, else they will be outnumbered.

"I don't think any of the deputy commissioners or sub-divisional magistrates will be able to take a different view than one taken by the District Collector, he is working under him." 

ASG suggested that the sub-divisional magistrate could then be appointed as member-secretary without any voting right. ASG then clarified to the bench that the SEIAA and State Level Expert Appraisal Committee (SEAC) will have separate experts and members.

Notably, the SEAC is the advisory authority to SEIAA on issues of environmental clearances. Upon receiving the view of the SEAC, the SEIAA decides whether to grant clearances or not. 

The bench was also of the view to reduce the years of work experience required for eligibility to be expert members in the Appraisal Authority so formed. The CJI verbally remarked :

" We will reduce the number of years prescribed over here, instead of 15 years we will make it 10 years and instead of 10 years we can make it 6 or 7 years"

Notably, the expert member in the authority/ committee presently needs to at least 15 years of field experience or an advanced degree in a concerned field and at least 10 years of relevant experience. 

However, he expressly clarified that the selection would be done through public advertisement and the Selection Committee would consist of the Chairperson of the State Pollution Control Board, the Senior most Forets Officer in the State, one of the expert members in the SEAC to be nominated by the SEAC itself. 

ASG informed that for the composition of DEIAA, the following is proposed : (1) Chairman to be the Sub-divisional officer of the Forest Department, (2) representative of the State Pollution Control Board/ Committee to be the member secretary; (3) 4 experts. 

The matter will now be heard on February 27. 

Background 

The Court was hearing a challenge by the Union to the order of NGT, Delhi dated September 13, 2018 which directed the Ministry of Environment, Forest and Climate Change to revise its 2016 notification which exempts regulatory clearances in mining leases for areas from 0 to 25 hectares.

The notifications challenged before the NGT dated 15.01.2016, 20.01.2016 and 01.07.2016 had the effect of diluting the procedure for obtaining environmental clearance in respect of mining of minor minerals for areas from 0 to 25 hectares as it brought such leases within 'B-2 category projects' where Public Consultation, Environment Impact Assessment (EIA) and Environment Management Plan (EMP) was exempted.

Notably, under the B-2 category projects, the EC was to be granted by the DEIAA as opposed to SEIAA which oversees grants in B-1 category projects (leases of areas between 50-25 hectares).

The bench of NGT noted that such notifications, particularly of January 15, 2016 were contrary to the Supreme Court decision in Deepak Kumar Vs. State of Haryana & Ors, where it was held that all mining leases in respect of its size would require to obtain Environmental Clearance and be subjected to strict regulatory framework as that of all major minerals.

Subsequent to this, the Union issued an Office Memorandum (OM) dated 12.12.2018 by which the District Environment Impact Assessment Authorities (DEIAA) were made dysfunctional. The workload of the DEIAA was then delegated to SEIAA. Another set of O.Ms dated 15.12.2021 and 28.04.2023 was issued where all the EC grants for mining leases under the B2 project categories were to be made by SEIAA instead of DEIAA.

In light of the above, several ECs issued by DEIAA between the period from January 15, 2016 to September 13, 2018 were to be re-appraised by SEIAA. Thus the Top Court on November 12 extended time for re-appraisal of the ECs falling within such a period by SEIAA by March 31, 2025.

Case Details : Case Details : Union of India v. Rajiv Suri | Civil Appeal Nos. 3799-3800/2019