Power plant Projects Clearances

A.R.SAOJI,
arsaoji@gmail.com

LIST OF CLEARANCES REQUIRED FOR POWER PLANT

Industrial Entrepreneur Memorandum acknowledgement given by Ministry of Commerce and Industry. Memorandum of with State Govt. understanding to be signed

Land Acquisition for Power Plant

Govt land Private land Forest land

SECTION 4 LAND ACQUISITION ACT, 1894

4. Publication of preliminary notification and power of officers thereupon.(1) Whenever it appears to the[ appropriate Government] the land in any locality[ is needed or] is likely to be needed for any public purpose[ or for a company], a notification to that effect shall be published in the Official Gazette[ and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality[ (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification)]. (2) Thereupon it shall be lawful for any officer, either generally or specially authorized by such Government in this behalf, and for his servants and workman,- to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub- soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; to mark such levels, boundaries and line by placing marks and cutting trenches; and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

PROCEDURE FOR LAND ACQUISITION

1.Identify

the land coming under project site. Meet the patwari of that particular village on which particular land is coming and then prepare Khasra Map. the name of owners based on Khasra Mapping

2.List 3. 4.

No Objection Certificate is to be obtained from Local Gram Panchayat.

Land Diversion application if forest or agricultural land is covered. Government to issue Section-4 Notification. If any objection is received with the time frame specified, the issue shall be discussed and resolved through public hearing. on the evaluation cost of land required by the Owner (Non forest and non Agricultural) and application fee for diversion of forest or agricultural land, Govt decides the total amount to be paid by the land user and request to deposit the actual cost to the Govt. the applicable fees is paid, Govt issues Section 6 stating the given land is acquired by the ultimate user and issues payment cheques to various land owners who had sell their land. section 6 is issued, the land is presumed to be under custody of the Owner.

5.Local

6.Based

7.Once

8.Once

PROCEDURE FOR FOREST LAND ACQUISITION

1.Diversion

of forest is required and permission from regional MoEF is required if the land is < 5 Ha and if the land is more than 5 Ha then clearance from central MoEF is required. Clearance other requirement etc. for Power Plant, Dam, Coal Mines and

2.Environmental

a.

State Pollution Conservation board (SCPB). If the investment involved in the Green field project is less than Rs.100.00 Crore or project cost of expansion of existing plant is less than 50 crore than in that case only State Pollution Conservation Board Clearance is sufficient and we need not to go to MoEF for environmental clearance, however, if the project cost is more than 100 Crore or cost of expansion of existing plant is more than 50 Crore or the location of plant involves two or more states or forest land is coming under the circumference of 25 kms from the project site then in that case MoEF clearance is required. Phase-I Screening
Phase-II1.Step-1 Base line data collection 2.Step-2 EIA report preparation 3.Step-3 Public Hearing

b. Ministry of Environment and Forest (MoEF).

PROCEDURE FOR FOREST LAND ACQUISITION

Other approvals including Central Regulation Zone (CRZ) for coastal area. Obtain Approvals for Electricity, Water Supply (Ground Water Board or irrigation Department or Municipal Corporation etc.) and Explosives Storage/Hazardous substances.

Phase-IIIStep-1

Step-2

Submission of Documents (EIA 20 copies, EMP, NOC, Public Hearing details, DPR) to MoEF. Review by IAA
If IAA feels that the data provided in sufficient then, the expert committee will submit their assessment over the report and application.

Step-3

Expert committee will submit their recommendation to IAA.

Step- 4 Clearance

THANKS FOR YOUR VALUABLE TIME

A.R.SAOJI, arsaoji@gmail.com