The document discusses the evolution of environmental laws and policies in India. It notes that the Department of Environment was established in 1980 and became the Ministry of Environment and Forest in 1985. Major laws passed include the Environment Protection Act of 1986 after the Bhopal gas tragedy, as well as laws governing hazardous waste management. The objective of environmental laws is to protect and improve the environment. Citizens have a duty under the law to protect the environment. The document also outlines categories of environmental projects, environmental clearances required, and responsibilities under various laws governing air, water, forests, wildlife, and more.

1. Dr. Deepak Kumar Tripathi
(Environment Expert)
Mob: 9755104410

2.  In 1980 the department of Environment was
established in India.
 Later on it became the Ministry of
Environment and forest in 1985
 EPA , 1986 (Te Umbrella Act) came into force
soon after the Bhopal Gas Tragedy.
 Thereafter a large number of laws came into
existence as the problem began arising for
example Handling and Management of
Hazardous Waste Rules in 1989 etc.

3.  Objective is to provide protection and
improvement of environment
 In EPA article 48A, specify that the state shall
protect and improve the environment.
 Also to Safeguard the forest and wildlife of the
country.
 According to Sec. 51 (A) every citizen shall
protect the environment.
 EPA is applicable to whole India.

4.  Environment whatever is present
surround us which directly and indirectly
effects us is our environment.
 Type of Environment:
 Micro: Local environment (Room, office,
house, temple, village etc)
 Macro: Overall environment (District,
State, Country and Globe

5.  Weather: Day to day atmospheric activity is weather
 Climate: A 30 years cumulative weather data is a climate
 Pollution: The unwanted things which is found in wrong
place, wrong time and wrong amount is a pollution. It will
creates adverse effect nearby the environment.
 Pollutant: Whatever creates a pollution is a pollutant.
 SMOG: It’s a combination of SMOKE and FOG
 Waste: Whatever is not use by us is waste
 IEE: Initial Environmental Examination
 EMaP: Environmental Management Plan
 EMoP: Environmental Monitoring Plan
 CPF: Community Participation Framework
 SPS: Safeguard Policy Statement (ADB)
 ESMF: Environmental Social management Framework (WB)

6. Powers Provided by the Act to Government
 To make rules to regulate environment pollution
 To notify standards and maximum limits of pollutants
of Air, Water, Soil etc
 Prohibition and restriction on the handling of
hazardous substances and location of industries
(Section 3-6).
 Under Sec. (3): may constitute authority/es for the
purpose of exercising of performing such of the
powers and functions.
 Under Sec. (4): may appoint a person for inspection.
 Under Sec. (5): may issue direction in writing to any
officers or any authority to comply.

7. Under Sec (6): it empower the government to make
rules to achieve the objective of the act.
 Under Sec (7): Persons carrying on industry
operation etc not to allow emission or discharge of
environmental pollutants in excess of the standards
Under Sec (8): person handling hazardous
substances must comply with procedural safeguards

8.  The 'polluters pays' principle (PPP)is the
commonly accepted practice that those who
produce pollution should bear the costs of
managing it to prevent damage to human
health or the environment.
 Whoever person found to be the cause of
pollution may be liable for punishment for a
term which may extend to five years or with fine
which may extend into the money (Sec.
15,16,17).

9.  If not comply fine of Rs 5000 per day extra,
still if not comply for more than one year,
then imprisonment may extend upto 7
years.
 Sec. (17) The state govt. have power to close
or cancel the authorization to run the
factory/institution/ hospital whichever is
causing pollution

10. SN Rules Responsibility
1. Air (Prevention and Control of
Pollution) Act, 1981.
Maintain the vehicle, PUC certificate, Fitness,
Leakage proof from oil and grease.
2. The Water (Prevention and
Control of Pollution) Act, 1974
Protection of the water body near the project area.
No pollution activity is permitted
3. Biological Diversity Act, 2002 Prevention of the biodiversity near the project
area. Like Flora and Fauna species.
4. Environment (Protection) Act,
1986
This Act was passed as an overall comprehensive
act “for protection and improvement of
environment”.
5. Forest Conservation Act, 1980 Conservation of the forest tree species cutting
6. Hazardous Waste Handling
and Management Act, 1989
Hazardous waste generate by the construction and
proper disposal of waste
7. Indian Forest Act, 1927 Protection of the forest produce and forest land
8. National Green Tribunal Act,
2010
Not applicable
9. The Wildlife Protection Act,
1972
poaching and Hunting wild life strictly
prohibited. Save and protect wild Fauna and flora

11. SN Rules Responsibility
10. The Noise Pollution
(Regulation and
Control)
(Amendment) -2002
Rules lay down such terms and conditions as are necessary
to reduce noise pollution, permit use of loud speakers or
public address systems during night hours (between 10:00
p.m. to 12:00 midnight) on or during any cultural or
religious festive occasion. Noise control in sensitive areas
like forest, hospitals, Schools, Habitations etc.
11. The Motor Vehicle Act,
1988
States that all hazardous waste is to be properly packaged,
labeled, and transported.
12. The Ancient
Monuments and
Archaeological Sites
and Remains, Acts
1958.
Prevention and protection of the Ancient monuments
near the project site. During the road work excavation
ancient heritage material should be proper inform to the
department and give custody of that material.
13. EIA Notification,
2006
The EIA Notification, 2006 specifies the various
development projects requiring prior clearance from
Ministry of Environment and Forests (MoEF).
14. Fly Ash Notification 3rd November 2009. The use of Fly Ash waste into the road
sector. Provide guidelines for its applicability and use.

12.  Guidelines on requirements for Environmental
Clearance for Road Projects, IRC: 93-2011.
 Recommended Practice for Treatment of
Embankment slopes for Erosion Control, IRC: 56-1974.
Guidelines on requirements for environmental
clearance for road projects-IRC IRC 2011.
Guidelines for Environmental Impact Assessment of
Highway Projects-IRC: 104-1988
Guidelines on Tree Plantation Along Rural Roads-
IRC: SP: 103
INDIAN ROAD CONGRESS (IRC)

13. Guidelines for Environmental Impact Assessment of
Highway Projects- RES IRC:104 IND
 Manual on landscaping and tree plantation-IRC: SP:21
– 2009
Guidelines For Environmental Impact Assessment Of
Highway Projects- IRC : 104 -1988
Guidelines for use of Fly Ash in Road Embankments-
IRC: SP: 58-2001

15. ENVIRONMENTAL PROJECT CATEGORY
Proposed projects are screened according to type, location, scale, and sensitivity
And the magnitude of their potential environmental impacts, including direct,
indirect, induced, and cumulative impacts. Projects are classified into the
following four categories:
 Category A. A proposed project is likely to have significant adverse
environmental impacts that are irreversible, diverse, or unprecedented. These
impacts may affect an area larger than the sites or facilities subject to physical
works. An environmental impact assessment (EIA), including an
Environmental Management Plan (EMaP), is required.
 Category B. The proposed project’s potential adverse environmental impacts
are site-specific, few if any of them are irreversible, and in most cases
mitigation measures can be designed more readily than for category A projects.
An Initial Environmental Examination (IEE), including an EMP, is required.
 Category C. A proposed project is likely to have minimal or no adverse
environmental impacts. An EIA or IEE is not required, although environmental
implications need to be reviewed.

16. S
N
Road
type
Category
of
project
Issues
involved
Provision Clearance
required
1. PMGSY B or C Tree cutting,
land
acquisition,
forest
1:5 tree plantation
Voluntary land
donation,
Clearance not
required (Forest
clearance
permission from
the state
department)
2. CMGSY
(MMGS
Y)
C Tree cutting,
land
acquisition,
forest
1:5 tree plantation
Voluntary land
donation,
Clearance not
required (Forest
clearance
permission from
the state
department)
3. State
Highwa
y (SH,
ODR,
MDR)
A or B Tree cutting,
land
acquisition,
forest, wild
life
1:10 tree
plantation
Compensation for
land acquisition,
forest clearance
required
Clearance
required from
state authority in
specific case
MoEF involvedOther factors are also prevailing according to the project specific requirement.

17. As per the EIA notification, September 2006 and amendment thereafter, the
road projects less than 100km do not require environment clearance.
A brief description of relevant laws :
Forest (Conservation) Act, 1980: The Forest (Conservation) Act, 1980 pertains to the
cases of diversion of forest area for non-forestry use. The process of obtaining forest
clearance under this varies with the area of the forestland to be diverted.
If the area of forests to be cleared or diverted exceeds 40 hectares, the State
Government/Union Territory Forest Department would forward the proposal
With recommendations to MoEF, Delhi.
If the forest land is between 5 and 40 hectares, the State Government/Union
Territory Forest Department processes the proposal, but the permission is
issued by MoEF Delhi.
If the forest land is less than or equal to 5 hectare the State Government/Union
Territory Forest Department can give permission.
Wild Life Protection Act, 1972 has allowed the government to establish a number of
National Parks and Sanctuaries over the past 25 years, to protect and conserve the flora
and fauna of the State.

22. EIA Notification, 2006 and amendments: The Environment
Impact Assessment (EIA) notification 2006, MoEF GoI, (Now
MoEFCC) came into effect from 14th September 2006. The EIA
Notification, 2006 specifies the various development projects
requiring prior clearance from MoEF.
As per Schedule of the Notification; the Highway project falls
under Physical Infrastructure including Environmental
Services and have been listed under item no. 7(f), including
new highways or expansion of existing highways.
The projects and activities under the Notification have been
classified into two categories- Category A and Category B,
based on the spatial extent of potential impacts on human
health and natural and man-made resources.
The highway projects have also been classified into two
categories- Category A and Category B based on the following
conditions:

23. Moreover any project or activity specified in Category
B will be treated as Category A if located in whole or in
part with in 10 km from the boundary of:
1. Protected areas notified under the Wild Life
(Protection) Act, 1972;
2. Critically Polluted areas as notified by Central
Pollution Control Board from time to time;
3. Eco Sensitive Zones (ESZ)areas as notified under
section 3 of Environment Protection Act, 1986 such
as Barnawapara, Pamed, Gomarda, Badalkhol ,
Bhoramdev, Udanti Sitanadi Wildlife
Sanctuary, and Kanger Valley and Inter State
boundaries and international boundaries.

24.  Fly Ash Notification: According to the Notification No.
S.O. 763(E), dated 14.09.1999 and its amendment on
27.08.2003 and notification S.O. 2804(E) dated 3rd
November 2009 by Ministry of Environment and
Forests, it is mandatory to use fly ash within a radius of
100 kms of Thermal Power Plant.
 Agency, person or organization shall within a radius of
100 kms of Thermal Power Plant undertake construction
or approve design for construction of roads of flyover
embankments in contravention of the guidelines/
specification issued by the Indian Road Congress (IRC)
as contained in IRC specification No. SP: 56 of 2001.

25.  Any deviation from this direction can only be agreed to
technical reasons if the same is approved by Chief
Engineer (Design) or Engineer-in-chief of the concerned
agency or organization or on production of certificate of
“Pond ash not available” from the Thermal Power Plant(s)
located within 100 kms of the site construction. This
certificate shall be provided by TPP within two working
days from the date of making request for fly ash.
 Soil required for top or side cover of embankment of roads
or flyovers shall be excavated from the embankment site
and it is not possible to do so, only the minimum quantity
of the soil required for the purpose shall be excavated from
soil borrow area. In either case, the topsoil should be kept
or stored separately. Voids created due to soil borrow area
shall be filled up with ash with proper compaction and
covered with top soil kept separately as mentioned above.

26. Dr. Deepak Kumar Tripathi
(Environment Expert)
Email: researchenviro@gmail.com
Mob: 9755104410