Centre allows pause in environmental clearance validity during court stays, experts raise concerns
New Delhi: The Union environment ministry has decided that the period during which infrastructure projects remain stalled due to court proceedings or cases before the National Company Law Tribunal will not be counted towards the expiry of their environmental clearances. The move is expected to benefit several large projects currently held up in litigation, including the Great Nicobar Holistic Development Project.
The decision, issued through an office memorandum on October 30, states that delays caused by legal challenges are beyond the control of project developers, and often lead to environmental clearances expiring before construction or production can begin. Under existing rules, if a project does not start operations or complete construction within the validity period of the clearance, a fresh clearance is required which is a process that can add further delays.
The ministry said the validity period will now be adjusted to exclude the duration of litigation or insolvency proceedings, effectively treating that time as “zero period” for calculating the clearance validity. The change, it said, is intended to “rationalise” the timeline so that project proponents are not penalised for delays arising from legal disputes.
However, where litigation-related delays stretch beyond three years, state pollution control boards will be required to review site conditions and may add additional safeguards at the stage of issuing Consent to Operate.
The decision comes even as key projects under litigation continue to face scrutiny. The Great Nicobar project is under challenge before the National Green Tribunal, while several hydropower projects in Uttarakhand have remained stayed by the Supreme Court since 2013.
Mallika Bhanot who is a member of the Ganga Ahvaan collective has criticised the relaxation, saying that in regions such as Uttarakhand, where landscapes have changed significantly due to repeated disasters, an older clearance may no longer reflect current ecological realities. “To consider earlier clearances as valid in a post-disaster Himalayan state will have severe ramifications,” she said.
Debadityo Sinha of the Vidhi Centre for Legal Policy said the new provision alters a core condition laid out in the Environment Impact Assessment Notification, 2006, which has the force of law under the Environment (Protection) Act. “An office memorandum cannot override a statutory notification,” he said, adding that the move could dilute accountability and allow projects previously flagged for violations to benefit from ongoing stays.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Man rapes 13-year-old stepdaughter in Beed; booked
Beed, Apr 13 (PTI): A 13-year-old girl was allegedly sexually assaulted by her stepfather in Maharashtra's Beed district, police said on Monday.
Based on a complaint, the police have registered a case under the Protection of Children from Sexual Offences (POCSO) Act in connection with the incident, which occurred on April 9, an official said.
According to police, the teen's mother divorced her first husband nine years ago and married the accused, with whom she has a son.
On the afternoon of April 9, the accused allegedly sexually assaulted his stepdaughter while his wife was away and threatened her into silence, the official said.
He said that the assault came to light when the mother returned home and noticed a change in her daughter's behaviour and questioned her. The girl narrated the ordeal, following which a complaint was lodged at the Kaij police station.
_vb_65.jpeg)
_vb_90.jpeg)
