The Ministry of Environment, Forests and Climate Change, (MoEFCC) on March 17, 2025, issued amendments to Environmental Clearance Notification Strengthening Guidelines for Linear Projects.
In response to concerns raised by the Supreme Court in Noble M. Paikada Vs Union of India. The previous exemption for linear projects from obtaining prior environmental clearance was deemed arbitrary and violative of Article 14 of the Constitution of India due to the vague definition of “linear projects” and the lack of clear procedures for excavation. The amended notification now includes a precise definition of linear projects, covering slurry pipelines, oil & gas transportation pipelines, highways, and railway lines that require extraction, sourcing, or borrowing of ordinary earth exceeding 20,000 cubic meters. This amendment ensures that only specific projects requiring substantial earth extraction fall under the new guidelines.
The revised notification introduces comprehensive standard operating procedures (SOPs) and environmental safeguards for such linear projects. It emphasizes that these safeguards must be integrated into the environment clearance process for eligible projects. A dedicated Committee has been established to determine the quantum of ordinary earth permitted for extraction for each project. This Committee will include the District Collector or District Magistrate (or their representative), District Forest Officer, State Pollution Control Board official, District Mines Officer or other relevant geologists. The involvement of multiple authorities ensures thorough oversight and adherence to the environmental guidelines while addressing the concerns of stakeholders and affected communities.
This amendment aims to create a balanced framework where developmental needs are met without compromising environmental protection. The introduction of clear guidelines, standard operating procedures, and institutional mechanisms addresses the deficiencies highlighted by the Supreme Court. The government’s approach attempts to bring clarity, accountability, and sustainability to the extraction process for linear projects. Additionally, the amendment acknowledges the importance of public consultation, with inputs being considered before finalization, indicating a participatory approach towards environmental governance.
[Notification No. S.O. 1223(E)]
