The Government of Maharashtra on April 12, 2023, laid down a proper SOP for the grant of Environment Clearance in the light of the judgments of the Hon'ble Supreme Court and violations frequently being alleged.
The following Standard operating procedure is as stated:
• Detection of violations on the ground is the Primary Responsibility of the Local Planning Authority/ Competent Authority-
o Local Planning Authority/ Competent Authority is the main authority entrusted with ensuring all development is carried out as per the Maharashtra Regional and Town Planning Act, 1966, and various Development Control Regulations (DCR) issued thereunder.
o Local Planning Authority/ Competent Authority is entrusted with the responsibility of issuing IOA/ IOD / Concession report before giving the Commencement Certificate only after due compliance of DCR and various notifications.
• SOP for Local Planning Authority/Competent Authority
o Stage of Commencement Certificate- When granting a Commencement Certificate to construction projects where EIA Notification, 2006 is applicable, the authority concerned, should verify whether prior Environmental Clearance has been granted. If Authority comes across any violation, Commencement Certificate should not be given unless the project has received a valid prior EC bearing EC Identification Number. (ECs given after 20.10.2021 bear EC Identification Number) and the same to be brought to the notice of the Regional Officer Maharashtra Pollution Control Board, who should initiate action in exercising the powers conferred under Section 5 of the Environment (Protection) Act. 1986 and also inform EC Coordination Cell/SEIAA.
o After granting of Commencement Certificate- If a violation is noticed at any stage of subsequent approval or inspection, such violation should be brought to the notice of the Regional Officer Maharashtra Pollution Control Board, who should initiate action in the exercise of the powers conferred under Section 5 of the Environment (Protection) Act, 1986 and also inform EC Co-ordination Cell/SEIAA.
• Role of SEIAA/SEAC
o The mandate of SEIAA is to process Environmental Clearance as per EIA Notification 2006 and various OMs issued thereunder and judgments of Hon'ble NGT/ Hon'ble High Court and Hon'ble Supreme Court wherever applicable in projects which are submitted to SEIAA on PARIVESH.
• SOP followed by newly constituted SEIAA/SEAC, Maharashtra
o All applications on the PARIVESH portal are strictly considered 100% online by the newly Constituted SEIAA, Maharashtra.
o Newly Constituted SEIAA. Maharashtra considers all applications in chronological order.
o In addition to mandatory form 1. IA (for Fresh Proposals) and form IV (for 8 (b).
[Circular No: SEIAA-2022/Pro.No. 30/SEIAA]
