Until recently, the industrial project plans or policies were established, and then the environmental impact was observed or felt. Incidences like the Bhopal gas leak would have been avoided if the Government had a mechanism to assess[2] the impact of the lethal Methyl-Iso-Cyanide gas on human life and its hazardous[3] nature were known beforehand. Such a hazardous industry would not have been allowed to be established in such a thickly[4] populated city like Bhopal.

Therefore, nowadays, the concept of environmental impact assessment has evolved.[5]. This system is based on the notion that “prevention is better than cure”. The Environment Impact Assessment agency assesses the impact or consequence of the proposed project, plans, or policy on the environment and human life. It seeks to avoid potential dangers. It helps in laying down the best environmental policy to prevent the adverse impact of any proposed project rather than suffer its consequences subsequently. Until recently, this concept did not exist in India, but nowadays, every such project has to obtain a no-objection certificate from the Environment Minister before establishing any project or industry.

The Minister then assesses whether it would impact the environment and human life and decides if the certificate is to be issued or not.

II] COMPLEX PROBLEMS.

Environment impact assessment involves the application of different types of knowledge and expertise. It is a multi-disciplinary process.[6], resolving disputes among wide-ranging and conflicting interests in society. The environmental impact assessment authority has to encounter various stages of complex problems. Assessment takes place in different stages.

The Rio Declaration requires every nation to have an environmental impact assessment system for proposed projects that are likely to significantly impact the environment.

III] CLASSIFICATION OF ENVIRONMENT IMPACT ASSESSMENT (EIA)

EIA may be classified as follows-

1) Mandatory Model:-

In the mandatory model, the scope, nature, and limits of discretion and procedures for environmental impact assessment are governed by specific legislation or delegated legislation. Power coupled with duty is the most salient feature of the mandatory model of EIA. The EIA is obliged to study the impact of a development proposal before it is approved. The compulsion makes the agency initiating the proposal or project apply its mind to various factors and formulate an environmentally sound project. In this way, it compels the project proponents to prepare an environmental impact statement that includes cumulative and indirect effects.

The environmental impact statement guarantees the right to information and a basis for proper impact assessment. It needs to be published. Publication of environmental assessment statements affords members of the public, experts outside governments, and environmental groups of the land an opportunity to express their views on the merits and demerits of projects.

2) Discretionary Model:-

In the discretionary model, the scope, nature, and limits of discretion and procedures for impact assessment are left to be decided by administrative discretion and political expediency. This model does not derive strength from the law; rather, it depends on the administration’s discretionary powers. This model exhibits flexibility and maintains harmony between developmental needs and environmental values.

The administration can consider the exigencies of a particular project, free from pressure and tension imposed by an enacted law. In this model, public participation is not allowed. Bias decisions bypassing important environmental protection norms may be an outcome of this model.

IV] ENVIRONMENT IMPACT ASSESSMENT IN INDIA

1) Notification of 1994:-

The concept of environmental impact assessment started very late in India. It is in 1994[7] first notification was published on this subject. The Central Government, by the notification, imposed restrictions and prohibitions on the expansion and modernisation of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government.

In other words, the notification makes it compulsory to obtain the appropriate government permission before the expansion and modernisation of any existing industry or project or before establishing a new industry or project. The notification further states that environmental clearance is required from the appropriate Government if-

i) the expansion or modernisation of any activity or the existing project exceeds the existing pollution load and
ii) New project listed in Schedule I. (i.e. the projects listed

in Schedule I attached with this notification).

2) Amendment of 1997:-

The notification of 1994 was amended in 1997, whereby it laid down some procedural changes whereby the State Pollution Control Board is given to get applications for clearance; moreover, public opinions can also be given to the Board, and the Board has to hear the public on the point of environmental objections.

3) Notification of 2006:-

In 2006, another notification on Environment Impact Assessment was issued. The notification has given the power to both the Central and State agencies to conduct impact studies for projects of different types. The projects are categorised as ‘A’ and ‘B’ in the Schedule for assessment. Projects mentioned in part A require Central permission, and the projects listed in part B require the State Government’s approval.

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[1] होऊ घातलेल्या उदयोगाचे पर्यावरणावर होना‌-या परीनामांचे पुर्ण मोजमाप अथवा अभ्यास

[2] मूल्यमापण करने

[3] धोकादायक

[4] दाट

[5] विकसित होणे

[6] वेगवेगळया ज्ञानशाखांशी संबंधीत प्रक्रीया

[7] Notification No. S.O. 60 (E), dated 27 January, 1994