Centre for Science and Environments

Media Briefing Workshop

Build Them Green
Date: 28-Jun-2012
Venue : India Habitat Centre, Lodhi Road, New Delhi

Session 2
Regulatory Realm For Building and Township Sector

Dr. Vishwambhar Choudhari

Oasis Environmental Foundation
Pune

1.Statutoryauthoritiesandtheirrespectiveresponsibilities
StatutoryAgency

Responsibilities

MinistryofEnvironment&
Forests(MoEF)
[GovernmentOfIndia]

1. FormulationofPoliciesandStrategies
2. FormulationofRulesandactsandputthembeforeparliamentfor approval.
3. Interactionwithinternationalagencies
4. IssuanceofEnvironmentalClearance&permits
5. ImplementationofNationalSchemes/programs
6. MonitoringthroughRegionalOffices

CentralPollutionControl
Board(CPCB)
[GovernmentOfIndia]

1. Preparationoftechnicalguidelines
2. ProvidingtechnicalbackuptoMoEF
3. LaboratoryfacilityandMonitoring,R&D
4. LegalProceedings(Section5ofwateract)
5. ImplementationofRegistration&otherschemes
6. MonitoringthroughZonalOffices

Dept.ofEnvironment
(DoEn)
[StateGovernment]

1.FormulationofPoliciesandStrategies
2.FormulationofRulesandactsandputthembeforeStateLegislative
Assembly&Councilforapproval.
3.CoordinationwithMoEFandCPCB
4.IssuanceofEnvironmentalClearance&permits

StatePollutionControl
Board(SPCB)
[StateGovernment]

1.ConsentManagementofindustries
2.Legalproceedings(Sec.33AofWaterAct)
3.ProjectsandPlanning
4.Monitoringaspects

2.EnvironmentalImpactAssessment:ConceptandComponents
Concept: EIAisatooltoassesspositiveandnegativeimpactsofaprojecton
surroundingarea,population,vegetation,flora,fauna,property andoverall
environment

Components
AirPollution(FromProcessandFuelburning)
WaterPollution(Industrialprocess,Effluentsandsewage,Treatmentandreuse)
LandPollution(Chemicalpollution,Wastesubstances,solidwaste,treatment&disposal)
NoisePollution
Ecology,Flora,Fauna,Fisheries,endangeredspecies
NaturalResources(Air,Water,Land,Rivers,Streams,Ponds&Lakes,Hills,Forest,)
Ecosensitivezone,Sanctuaries,Migrationroutes,
Archeologicalsites,Roads,MilitaryEstablishments,Schools,Hospitals,Othersocialcenters
SocioEconomy,Rehabilitation,Resettlement,Compensations
DisasterManagement,RiskAssessment
EnvironmentalManagementPlan

3.EIANotification1994(Amendments1997and2004)

In India, for the first time, Environmental Impact Assessment got a sanctity when
EIA Notification was published on 27th January 1994 through Extra Ordinary
Gazette of India

The notification mandated 29 types of Industries to seek Environmental Clearance

from Ministry of Environment and Forests, New Delhi before commencement of the
project

While most of the industries required clearance from Central Government, State
Government clearance considered sufficient for less polluting industries.

Provision of Public Hearing was introduced in 1997 in order to encourage public

participation in decision making.

Through Notification dated 7th July 2004, construction projects were brought under
EIA process for the first time

4.EnvironmentalClearancetoConstructionProjects

NewsArticleinHindustanTimes

DirectivesbySupremeCourtofIndia

CentralGovt.notification(7July2004)

Criteria:
CapitalInvestment50Crormore
1,000ormorepopulation
50,000litersormoresewagegeneration

PublicHearingmandatory

EIAmandatory

5.EIANotification2006

Initiative by Honble Prime Minister, In effect from 14th September 2006

Fair & Improvised in comparison with earlier notification (1994)

Transparency in Public Hearing ensured

Systematic classification of Industries/ activities

Total 39 types of activities under 8 major classes Scheduled under notification

Prior Environmental Clearance from Central Government/ State Level

Environmental Impact Assessment Authority (SEIAA) mandatory

Powers of State Government defunct

However, EIA not mandatory for all Projects

No EIA and public hearing required for construction projects in 8a category

Only one criteria for Construction Projects: Built up area 20000 m2 or more
6

6.ListofProjectsrequiringEnvironmentalClearance

Mining

Pulp and Paper

Oil and Natural Gas Exploration

Sugar Industries

River Valley Projects

Foundry Projects

Thermal Power Projects

Oil and Gas Pipelines

Nuclear Power Projects

Hazardous waste storage & Handling

Coal Refineries

Air Ports

Metal Industry

Ports and Harbors

Cement

National Highways & Express ways

Petroleum Refineries

Rope ways

Asbestos based projects

Ship Breaking

Tanneries

Industrial Estates

Chemical Fertilizerso

SEZ Projects

Pesticides

Export processing projects

CHWTSDF

Chemicals

CETP

Bulk drugs abd Pharmaceuticals

CSWTSDF

Distillery

Construction Projects

Dyes and Dye Intermediates

7.ProcessofEnvironmentalClearance
Step 1 : Screening
Step 2 : Scoping
Step 3 : Public Consultation
Step 4 : Appraisal
Project Proponent applies with Form-1, 1A & Conceptual Plans to
State Environmental Impact Assessment Authority (SEIAA)

Screening :Scrutiny by State Level Expert Appraisal Committee (SEAC)

No EIA required

EIA Required

Appraisal by Expert Committee

Scoping: Award ToR for EIA preparation

Public Consultation (If applicable)

Appraisal by Expert Committee

Environmental Clearance issued by MoEF or SEIAAA

8.WhytakeEnvironmentalClearance?
EIANotification2006mandatesasfollows:
Central Government hereby directs that on and from the date of its
publicationtherequiredconstructionofnewprojectsor activitiesorthe
expansion or modernization of existing projects or activities listed in the
Schedule to this notification entailing capacity addition with change in
process and or technology shall be undertaken in any part of India only
afterthe prior environmentalclearancefromtheCentralGovernmentor
as the case may be, by the State Level Environment Impact Assessment
Authority, duly constituted by the Central Government under subsection
(3)ofsection3ofthesaidAct,inaccordancewiththeprocedurespecified
hereinafterinthisnotification.
9

9.WhentakeEnvironmentalClearance?

EIANotification2006mandatesasfollows:
Anapplicationseekingpriorenvironmentalclearanceinallcasesshall
be made in the prescribed Form1 annexed herewith and
Supplementary Form1A, if applicable, as given in Appendix II, after
the identification of prospective site(s) for the project and/or
activities to which the application relates, before commencing any
construction activity, or preparation of land, at the site by the
applicant.

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10.WhichConstructionProjectsneedEnvironmentalClearance?(ApplicabilityCriteria)

ProjectsListedinScheduleappendedtoEIANotification2006:
8

Building/Constructionprojects/AreaDevelopmentprojectsandTownships

8(a)

Building
Construction
projects

8(b)

Townships
and Covering an area 50 ha AllprojectsunderItem8(b)
Area Development and or built up area shall be appraised as
projects.
CategoryB1
1,50,000sq.mtrs

(built up area for covered

and 20000sq.mtrsand
<1,50,000sq.mtrs.ofbuilt construction;in the case of
facilities open to the sky, it
uparea
willbetheactivityarea)

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11.TownshipsVSLocalPeople,Affectedpeople,EcologyandEnvironment

Pressure on Local Resources e. g. Drinking Water

Sewage Disposal Problems Whose baby is this ?

Solid Waste Disposal ?

Environmental Infrastructure ?

Emergency Infrastructure like Fire Stations?

Changes in Local Drainage Pattern

Locals Vs migrants social divide

Hutments Vs Towers class divide

Rural vs Urban cultural divide

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12.CurrentissuesdemandingMediaSupport
Issue 1 : Office Memorandum dated 16th November 2010 providing for post-facto
environmental clearance in contradiction to the provisions of EIA Notification

EIA Notification warrants PRIOR EC and does not provide for any post-facto
environmental clearance

EIA Notification is an EXTRA ORDINARY GAZETTE OF INDIA, issued by Jt

Secretary whereas OM dated 16th November is issued by Director rank officer, hence
cannot supersede the EIA Notification

OM is in complete contradiction to the original notification and thus defeats the

very purpose of notification.

Not only it contradicts the EIA Notification but it also defeats two key aspects of our
environmental legislation- Precautionary Principles (PP) and the Polluter Pays
Principle (PPP)

More than 1000 projects have been cleared so far on the basis of this OM through
SEIAAs and MoEF

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CurrentissuesdemandingMediaSupport(2)
Issue 2 - QCI Accreditation of EIA Consultants :
New CORPORATE Remote Control over the EIA Process !

Constitution of QCI Govt of India + ASSOCHAM, CII, FICCI

Later 3 represent the industry, work in the interest of industry, corporate

When industry/corporate itself is a party to EIA, how it can work as a partial regulator
to the extent that they will decide whom to qualify as Consultant for making EIA?

Corporate houses can have their own EIA Consultant organisations- what happens to Third
Party Assessment in that case?

What is QCIs expertise in EIA? Does QCI ensure transparency? Is QCI answerable to
Project Affected People?

Moreover, No standardization of EIA Process has been as yet done by

MOEF/QCIIn what way the accreditation of EIA Organisations alone will serve the
purpose

True, EIAs are most of the time copy-paste EIAs but then what happens with EC? Most of
the Ecs too are copy-paste !

A serious approach is required if you wish to have a really good EIA of a project

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CurrentissuesdemandingMediaSupport(3)

Issue 3 Why there is no say to Project Affected People in EC Process

Why Township projects are exempted from public hearing process?

No public hearing required..Where do the people register their

views/grievances in EC process?

Project Affected People can appeal at National Green Tribunal ONLY

after the EC is accorded to the project proponent

Issue related to Land Acquisition, Resettlement and

Rehabilitation where do the people go?
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Part - 2

A case study of LAVASA

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A. Project Lavasa at a glance

Lavasa Corporation Limited is developing a hill station township project in the Mose
River valley located in Mulshi near Pune

Total 20 villages are going to be affected due to this project

A total of 10,000 hectares (= 25,000 acres) land will be used for the project which
includes mostly the farm land and private forests or forest like land

Initially, for getting government approvals smoothly, this project was declared to be
an Eco-Tourism Project however later it revealed that this is a major Housing
Project for Rich Class meaning just another project for the builders to mint money

Construction of the project has begun since 2004 however the project has to date
not received an appropriate environmental clearance as mandated by the Central/
State Government for any such construction project

A large part of construction work has already been finished in the villages of Dasve
and some parts of village Mugav; however there is still hope and we can unite and
get involved in saving the remaining 18 villages (environment and people) that
would eventually get affected with the construction of this humungous project

B. Major Socio-Environmental Issues involved

1. Ecology: Large Scale Ecological Damages : Cutting of hills, flora-fauna, water body
2. Environment: Violation of Laws- E P Act 1986, Govt filed criminal case against Lavasa
3. Forest : Breach of Forest laws, Offence booked by Govt, Supreme Courts Contempt
4. Land: Social Crimes of Land Grab, Bad Land Use, Land Pollution
5. Town Planning: Bad Planning, Violation of TP Rules : SPA, Global FSI, Slope Analysis
6. Water Resources: Effects on downstream users- Pune and further users, Pollution
7. Constitutional Issues: Breach of article 243 of Constitution of India by govt, Tribal Rights
8. Social Unrest: Atrocities- on Schedule Tribes and weaker sections, Local Farmers

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1. Ecology

Lavasa is in the province of WESTERN GHATS of INDIA which is among Worlds 20 Most
ecologically sensitive HOT SPOTS. Also, the UNESCO is considering to declare Western Ghats
region as the World Heritage Site according to media reports.

The Government of India has specially constituted Western Ghats Expert Ecology Panel
(WGEEP) to control such ecologically hazardous development in the region, the Panel has
already submitted its report to former which is under consideration.

Western Ghat is a crucial factor for Monsoon of India and other meteorologically important
parameters .

The Government of India has expressed that In case many such projects like Lavasa are
approved, it will badly affect the climate of India. The GOI has also directed all State Governments
to take cognizance of this while proposing new hill-stations
National Alliance of Peoples Movements (NAPM) and other NGOs have filed a Public Interest
Litigation in Bombay High Court against Lavasa.
In this pending case, following to the orders dated 22-Oct-2010 issued by Honble Bombay High
Court one Naresh Dayal Committee comprising of 6 members was constituted by Govt of India
to examine environmental issues in Lavasa.
The committee has recorded that Lavasa has caused massive destruction of the ecology of the
area, especially causing grave damages to hills, flora-fauna, water body, etc
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Findings of Dayal Committee: In its report;

Vide point 10 [Page-9] the committee noted that large scale hill cutting and destruction of
vegetation has been done by Lavasa. The committee also noted that back water of the dams were

filled with stone crushing material and also that the villagers expressed that the project has
adversely impacted their life and they are not willing to part with their land for any of the project
activities.

Vide point 17 (ii) (b) [Page-13] the committee observed that The area proposed for the hill station
project was originally planned as an afforestation zone in the Regional Plan for Pune district. Even

though the project boundaries have been drawn by delineating the forest areas, the area
surrounding the Lavasa site continues to be in the afforestation zone. The project area is within
ecosensitive region having green tree cover and practically all of it is on the hill slopes of the
mountains skirting the Warasgaon backwaters.

ide point 17 (ii) (c) [Page-13]the committee noted that Large scale hill cutting was observed for
obtaining building material for construction as well as for widening the road. Due to hill cutting, the
topography has changed from good vegetative cover to barren exposed slopes and enhancement
in siltation etc would occur.

Vide point 17 (ii) (c) [Page-14] the committee observed that The excavated material was
observed to occupy areas in the valley in some places near Mugaon within the flood zone, which
is unscientific way of storing the raw material.

Vide point 17 (ii) (c) [Page-14] the committee observed that The committee could not see record

whether the hill cutting is at locations approved by the District Collector as well as the quantum of
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quarry material to be excavated.

3
5
2

1
20 Oct 2002

4
8
3
7
5

1
23 Feb 2004

2 Apr 2005

2. Environment and Environmental Laws

It was mandatory for Lavasa to seek PRIOR Environmental Clearance from the appropriate
authorities under EIA Notifications 1994, 2004 and 2006. However none of them has been as yet
obtained from the appropriate authorities.

NAPM pointed out this to Ministry of Environment and Forests (MOEF) Govt of India which in turn
issued a STOP WORK notice to Lavasa on 25th November 2010.

Lavasa moved to High Court against MOEF order, however; the High Court rejected Lavasas
request to allow continuation of construction work. The works at project site have come to a halt
since then. The matter is pending at Bombay High Court.

MoEF constituted Dayal Committee and further Ravindran Committee which recommended that
Lavasa should be asked to pay 5% of the project cost as the Environment Protection Fund in lieu
of the environmental damages caused by it.

The clearance issued recently on 9th Nov 2011 by MoEF is totally illegal as it is issued by
incompetent authority and violating MoEFs own norms, this also has been challenged in the High
Court

Recently, Govt of Maharashtra has filed a criminal case against 15 high level officials and
Directors of Lavasa for breach of above referred notifications. The court has already issued
summons to all those against whom this criminal case is filed

If convicted, this offence is punishable with imprisonment upto 5 years and fine upto 100 thousand
INR
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3. Forest

Dayal Committee in its report vide point 6 (xii) (c), [Page-5] noted that Conservator
of Forests has reported that Lavasa Corporation (LCL) has violated Forest act 1980
in case of F.S. No. 35 in Mugaon Reserved Forest and that enquiry in this regard was
in progress.

The Forests Department, Govt of Maharashtra has already booked offence under
Forest Act and the case is with Forest Departments Sinhgad Road Office.

Lavasa project itself is violation of Forests Rights Act (FRA) which was adopted by
Parliament of India to ensure livelihood of tribes.

The website www.corruptionininmaharashtra revealed a shocking fact that in

Godavarman case (1996) the Supreme Court of India has ordered a detailed survey
by all state governments to record forest lands in each taluka of the respective state.
However, most shockingly , Govt of Maharashtra submitted a report to Supreme
Court in the year 2006, but has deliberately not mentioned anything about forests in 3
talukas, i.e. Mulshi (where Lavasa was taking shape), Indapur and Baramati !
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RCC construction in the water reservoir

26

Hill Crushing at the rate of 1500 Tons/day !!

27

This land was under reservoir in the year 2004

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Development OR Destruction?

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4. Land

Ceiling Land which is meant for distribution to landless poor people only as per the Ceiling Act,

Adivasi (Tribal) Land which cannot be sold in any case to a Non Tribal entity as per law; has been
transferred to Lavasa. A case filed at police by one tribe Bandya Bhau Valhekar is pending at

has been diverted illegally to Lavasa by State Government itself

Mulshi Police.

Government Land of 141 ha, which is a public property belonging to Water Resources
Department, Govt of Maharashtra, has been leased to Lavasa where Lavasa has erected
unauthorized structures against the clauses of the agreement with government.

Land Grab: In addition, there are incidences where Lavasa has aquired land from poor farmers

Dayal Committee Vide point 17 (ii) (e) [Page-14-15] noted that The project is spread over 18
villages consisting of various Gaothans (villages). There are some adivasi communities in the
affected area and that there has been a large scale diversion of ceiling surplus land which was
allotted to these Adivasis and Nomadic Tribes.

either by cheating them or by using muscle power. A poor farmer Dnyaneshwar Shedge has filed
a complaint against Lavasa in one such matter

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5. Town Planning

No carrying capacity study has been done by Lavasa before planning to impose a population of
200 thousand people as against present population of 12 thousand people in the area.
As a result, the development plan of Lavasa has been termed as the worst development plan by
many experts in the field.
Dayal Committee; Vide point 17 (vi) [Page-19] in its report noted that The committee could not
see any documents about the public consultation before taking up such a large project, since the
figures of population will vary and since requirements for water supply, sewerage, amenities, solid
waste disposal etc cannot be ascertained due to the piece meal approach adopted in the project,
it was very essential that a detailed Master Plan was prepared following due procedures, before
undertaking the work.
It shows the major lacuna in development plan of Lavasa which cannot be overlooked

Lavasa utilised political highhandedness in getting approved itself as a Special Planning Authority
(SPA) from The Govt. of Maharashtra.

The Govt. of Maharashtra recognizing LAVASA as Special Planning Authority is one of a kind
project wherein for the first time ever since independence of India, the government has bestowed
such its rights to a private project authority.
31

Dayal Committee, vide point 17 (i) (a) [Page-11] in its report observed that there was no
approved landscape plan, parking and circulation plan, baseline environmental information
within and around the site.

It also observed that even in no development zone, the widening and strengthening of
road was seen to have been completed.

Dayal Committee, vide point 17 (i) (c) [Page-11] in its report noted that As per the Hill
Station Development Policy, the maximum width of the roads is 9 meters. For a township

with a projected population of 2 lakhs, it appears that the proposed width of 9 mts is
insufficient to take peak traffic load, meet emergency services for the entire development.

Dayal Committee also commented that A world Class huge convention centre does not
go with the concept of a hill station with only 9 meters access road, without adequate
parking provisions.

Dayal Committee, vide point 17 (vi) [Page-19] in its report noted that The creation of SPA
(Special Planning Authority) and powers vested with the Lavasa Corporation Ltd leads to a
perception of conflict of interest because the promoter is also a regulator and whether any
changes / revisions are carried out without following due procedures is not known to the
stake holders.

It is also noteworthy to mention here that a PIL is already pending before Honble Bombay
High Court with regard to Govt of Maharashtras decision to appoint Lavasa as a Special
Planning Authority (SPA) and Honble court is yet to pass an order in this regard.
32

6. Water Resources

The Water Resources Department of Govt of Maharashtra has, within a day,

sanctioned a quota of 1.03 TMC water to Lavasa which has been challenged in the
Bombay High Court.

This is equivalent to 1 months water utilised by the entire City of Pune. Naturally,
Pune people have challenged this decision of government as it would make them
deficient of water that they get today.

Dayal Committee vide point 17 (ii) (d) [Page-14] in its report noted that The drawl of
water for the project is apprehended to reduce water availability for irrigation
purposes as well as the downstream requirements of drinking water etc. Recent
assessment of MKVDC about the requirement of water to M/S LCL and the
requirement of water for the downstream areas for irrigation and drinking purposes,
especially of Pune City, was not available to the committee

This clearly indicates that water availability to this project is at risk. At the same time,
water supply to City of Pune is also endangered due to this project.
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7. Constitutional Issue

Article 243 of Constitution of India ensures local self governance powers to

village administration and it is not clear what will happen to Local
Governments in these 20 villages affected by Lavasa
There are many issues in Lavasa case wherein constitutional issues may
arise in future like Inequality in distribution of water, for example Pune
Citizen get water at the rate 135 LPCD against this Lavasa citizen get 900
LPCD also highlights the issue of equality guaranteed by the Constitution of
India.
Constitution of India provides a special protection to weaker sections of
society such as Schedule Tribes and Schedule Castes. Lavasa model of
develoment has no place within its ambit for such socially and economically
backward social classes.
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8. Social Unrest

There has been a wide agitation against Lavasa since last 5 years by local people and
environment conservationist groups as local people have been suffering from atrocities by
Lavasa.

The Mose Khore Bachao Sanghatan, a local social activists group and National Alliance of
Peoples Movements are leading these social, non-violent agitations alongwith many Non
Governmental Organisations in and around Pune.

The agitations is mainly against atrocities on Local farmers, Schedule Tribes and their
constitutional rights, their right to livelihood.

The agitation is also against environmental damages and degradation of ecology of the area.

Also the issues such as land grab, water conflicts are on the agenda of agitations

Dayal Committee also has pointed out that No scheme for rehabilitation of affected villagers as
also for the protection of of existing gaothans (villages) was available to the committee. Many
villagers from Mugaon were complained that their lands have been taken forcibly and their
source of water supply etc are being affected by the project.

Social Activists Mrs Medha Patkar, Shri Anna Hazare, Shri Prakash Ambedkar are leading these
agitations.
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Local Social Activists Agitating Against Lavasa

Badya Bhau Walhekar

Thumabai Walhekar

Gangubai

Thakubai

Leela Margale

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Dnyaneshwar Shedge

37

...

38

Thank you !

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