UNIT V

1. ‘Central Government can take such measures as it deems necessary for the purpose of improving quality
of the Environment’. Discuss. *
2. What are the powers of Central Government to protect and improve environment under the Environment
Protection Act, 1986. **
3. Explain different categories of Delegated Legislation under Environment Protection Act. *
4. State the punishment and penalty for the violations and non compliance of the provisions of the
Environmental Protection Act.
5. Explain the salient features of Environmental Protection Act, 1986.
6. Discuss the history of Environmental Protection in India.**
7. Explain ‘Occupier’, ‘Hazardous Substance’ and ‘Handling’ as defined under Environment Protection Act,
1986.
8. Explain the provisions relating to Prevention, Control and Abatement of Environmental Pollution under
the Environment Protection Act, 1986.
9. Describe briefly the salient features of EP Act, 1986. Explain the different delegated legislations under
Environmental Law.
10. Discuss the powers of Central Government under EP Act, 1986 for the purpose of improving quality
environment.
11. What are the powers conferred on the Central Government in the matters of environment under EP Act,
1986.
12. Explain the power of the Central Government to make rules to carry out the purpose of EP Act.
13. Define Bio Medical Waste. Explain the rules relating to management of Bio Medical Waste.
14. Explain the procedure prescribed in Bio-Medical Waste Rules 1998 for safe disposal of Bio-Medical
waste. ***
15. Write an explanatory note on the law concerning Bio-Medical Waste.

SHORT NOTES
1. Plastic Manufacture and Usage Rules of 1908
2. Eco Mark Scheme ***
3. Environmental Audit
4. Environmental Impact Assessment. ***
I. ENVIRONMENT PROTECTION ACT
1. ‘Central Government can take such measures as it deems necessary for the purpose of improving quality of the
Environment’. Discuss. *
2. What are the powers of Central Government to protect and improve environment under the Environment Protection
Act, 1986. **
3. Discuss the powers of Central Government under EP Act, 1986 for the purpose of improving quality environment.
4. What are the powers conferred on the Central Government in the matters of environment under EP Act, 1986.
5. Explain the power of the Central Government to make rules to carry out the purpose of EP Act.
6. Explain different categories of Delegated Legislation under Environment Protection Act. *
7. Explain the salient features of Environmental Protection Act, 1986.
8. Describe briefly the salient features of EP Act, 1986. Explain the different delegated legislations under
Environmental Law.
9. State the punishment and penalty for the violations and non compliance of the provisions of the Environmental
Protection Act.
10. Discuss the history of Environmental Protection in India.**
11. Explain ‘Occupier’, ‘Hazardous Substance’ and ‘Handling’ as defined under Environment Protection Act, 1986.
12. Explain the provisions relating to Prevention, Control and Abatement of Environmental Pollution under the
Environment Protection Act, 1986.

INTRODUCTION

The Environment (Protection) Act (EPA) was enacted in 1986 with the objective of providing the protection
and improvement of the environment. It empowers the Central Government to establish authorities charged
with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental
problems that are peculiar to different parts of the country. The Act is one of the most comprehensive
legislations with a pretext to protection and improvement of the environment.
The roots of the enactment of the EPA lies in the United Nations Conference on the Human Environment
held at Stockholm in June, 1972 (Stockholm Conference), in which India participated, to take appropriate
steps for the improvement of the human environment. The Act implements the decisions made at the
Stockholm Conference.

CONSTITUTIONAL PROVISIONS

The EPA Act was enacted under Article 253 of the Indian Constitution which provides for the enactment
of legislation for giving effect to international agreements.
Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.
Article 51A further provides that every citizen shall protect the environment.

DEFINITIONS

"Environment" includes water, air and land and the inter- relationship which exists among and between
water, air and land, and human beings, other living creatures, plants, micro-organism and property;

"Environmental Pollutant" means any solid, liquid or gaseous substance present in such concentration as
may be, or tend to be, injurious to environment;

"Environmental Pollution" means the presence in the environment of any environmental pollutant;

"Handling", in relation to any substance, means the manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such
substance;

"Hazardous Substance" means any substance or preparation which, by reason of its chemical or physico-
chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant,
micro-organism, property or the environment;
"Occupier", in relation to any factory or premises, means a person who has, control over the affairs of the
factory or the premises and includes in relation to any substance, the person in possession of the substance;

SALIENT FEATURES
(a) Conferring powers on the Central Government to:
● Take all necessary measures for protecting quality of environment,
● Co-ordinate actions of States, officers and other authorities under this Act,
● Plan and execute a nationwide programme for prevention, control and abatement of environmental
pollution,
● Lay down standards for discharge of environmental pollutants,
● Empower any person to enter, inspect, take samples and test,
● Establish or recognise environmental laboratories,
● Appoint or recognise government analysts, (viii) lay down standards for quality of environment,
● Restrict areas in which any industries, operations or processes may not be carried out subject to
certain safeguards,
● Lay down safeguards for prevention of accidents and take remedial measures in case of such
accidents,
● Lay down procedures and safeguards for handling hazardous substances,
● Constitute an authority for exercising powers,
● Issue directions to any person, officer or authority including the power to direct closure, prohibition
or regulation of any industry, operation or process,
● Require any person, officer or authority to furnish any prescribed information and
● Delegate powers to any officer of a state or authority;

(b) It confers powers on persons to complain to courts regarding any violation of the provisions of the Act,
after a notice of 60 days to the prescribed authorities;

(c) The Act makes it obligatory for the person in charge of a place to inform the prescribed authorities
regarding any accidental discharge of any pollutant in excess of prescribed standards. The concerned
authorities, on receipt of such information, shall take remedial measures to prevent or mitigate pollution
caused by such accidents and expenses incurred by the authorities in respect of remedial measures are
recoverable with interest from the polluter;

(d) It prescribes stringent penalties for violation of the provisions of the Act; and

(e) Jurisdiction of civil courts is barred under the Act. A comprehensive Environment (Protection) Act came
into being in 1986 to remedy the lacunae noticed in the earlier laws and to serve as a single legislation on the
subject. The Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of
Pollution) Act, 1974 were amended to bring their provisions at per with those of The Environment
(Protection) Act, 1986 and to give more powers to the implementing agencies.

OBJECTIVES OF THE ENVIRONMENT PROTECTION ACT

The following are the main objectives behind bringing this legislation:

1. To implement the significant decisions taken, relating to environment safety and protection, at the
United Nations Conference on the Human Environment held in Stockholm in June 1972.
2. India already had some legislation related to different aspects of the environment but there was a
need for comprehensive legislation that filled the gaps in the existing laws. Thus, it was enacted
 to bring general legislation in environment protection and cover other major areas of
environmental hazards that were previously uncovered.
3. To create new authorities for the purpose of protecting and improving the environment and also
to coordinate the activities of already existing authorities constituted under previous laws.
4. To provide for stringent and deterrent punishment to the offenders of the natural environment
who endanger its safety and health.
5. To facilitate the growth of subordinate and delegated legislation on ecologically sensitive topics
and environment protection.
6. To promote sustainable development, i.e. balance the overall development with environmental
protection.

POWERS OF THE CENTRAL GOVERNMENT

The Central Government is also authorised to constitute such authority/authorities for the purpose of
exercising and performing such powers and functions as the government may delegate to it.

Section 4- Power to appoint officers

Section 4 authorizes the Central Government to appoint officers with such designations, powers, and
functions as it thinks fit. The officers appointed shall be under the control and direction of the government or
any authority empowered by it.

Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue directions in writing to any person,
officer, or any authority, which shall be binding on such person, officer, or authority.

These directions could be related to matters as follows:

1. To close, prohibit, or regulate any industry, operation, or process; or

2. To stop or regulate the supply of electricity, water, or any other service.

Section 6- Power to lay down rules to regulate environmental pollution

The Central Government has also been authorised to frame rules on the matters mentioned in Section 3 of
this Act. Some of these matters include:

1. The standards of quality of air, water, or soil.

2. The maximum allowable limits of environmental pollutants (including noise).
3. The procedures and safeguards for the handling of hazardous substances.
4. The prohibition and restrictions on the handling of hazardous substances.
5. The prohibition and restrictions on the location of industries, operations, and processes.
6. The procedures and safeguards for the prevention of accidents likely to cause pollution and
provide for remedial measures for such accidents.

Section 10- Power of entry and inspection

Under this Section, any person authorised by the Central Government has the right to enter any place, at
reasonable times with some assistance for the following purposes:

1. To perform any function entrusted by the Government,

2. To determine whether and how such functions are to be performed, or whether the provisions of
this Act, rules made under any notice, order, direction, or authorisation granted has been
complied with,
3. To examine and test any equipment, industrial plant, record, register, document, or any other
material object.
4. To conduct a search in my building where there is reason to believe that an offence under the Act
has been committed.
5. To seize any such equipment, industrial plant, record, register, document, or other material
objects if there is reason to believe that it would serve as evidence for the offence committed or
that the seizure is necessary to mitigate the pollution.

Also, any person carrying on such industry, process, or operation which involves handling of hazardous
substances must render all the assistance required to the person empowered by the Central Government for
inspection. Failure to provide the assistance without any reasonable cause, or wilfully delays or obstructs
that person shall be guilty of an offence under this Act. Also, for such search and seizure, provisions of the
Code of Criminal Procedure, 1973 or any corresponding law in force shall be applicable.

Section 11- Power to take sample and procedure to be followed

Section 11 empowers the State Government or any officer authorised by it to take samples of air, water, soil,
or other substances from the premises of any factory.

The procedure prescribed for sample taking is as follows:

1. The person taking the sample must serve a notice of his intention to take the sample to the person
in charge of the place.
2. The sample must be taken in the presence of the person in charge or his agent.
3. The sample must be placed in a container or containers, which shall be marked and sealed.
Thereafter, it shall be signed by both the person taking the sample and the person in charge or his
agent.
4. The container then must be sent to the laboratory established under Section 12.
5. In case the person in charge or his agent wilfully absents himself or refuses to sign the containers,
the containers must be sealed, marked, and signed by the person taking the sample and must be
sent to the laboratory. The government analyst must be informed in writing about the wilful
absence or refusal to sign.

Any analysis taken without following the procedure prescribed would not be admissible as valid evidence in
any legal proceedings.

Section 20- Power to ask for information, reports, or returns

For the purpose of performing its functions under the Act, the Central Government has the power to ask for
any reports, returns, statistics, accounts, and other information from any person, officer, state government,
or any authority, which shall be bound to do so.

Section 23- Power to delegate

The Central Government is also authorised to delegate its powers under the Act, except the power to appoint
authorities under Section 3(3) and to make rules under Section 25, to any officer, state government, or other
authority. However, such delegation shall be subject to the requisite limitations and conditions, as may be
specified in the notification in the Official Gazette.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame rules on the following matters:

1. The standards of environmental pollutants, beyond which the emission or discharge is prohibited
under Section 7;
2. The procedure and safeguards for the handling of hazardous substances under Section 8;
3. The authority which is to be intimated about the occurrence or apprehension of occurrence of
discharge of any pollutants in excess of the prescribed standards;
4. The manner in which samples of air, water, soil, or any other substance are to be taken under
Section 11(1);
5. The form in which the notice of intention to take a sample for analysis is to be served under
Section 11(3) (a).
6. The functions, procedures, and fees payable to environmental laboratories;
7. The qualifications of the Government Analyst appointed under Section 13;
8. The manner in which the notice of offence and the intention to make a complaint is to be given
under Section 19(b);
9. The authority or officer who is required to submit the reports, information, or returns to the
Central Government under Section 20;
10. Any other matter of concern, as may be prescribed.

PROVISIONS RELATING TO PREVENTION, CONTROL AND ABATEMENT OF

ENVIRONMENTAL POLLUTION UNDER THE ENVIRONMENT PROTECTION ACT, 1986.

Chapter III of Environmental Protection Act deals with prevention control and abatement of environmental
Pollution. It comes under Section 7 - Section 15 of the Act.

Section 7 - Persons carrying on industry operation, etc., not to allow emission or discharge of
environmental pollutants in excess of the standards.

Section 7 of the Environment Protection Act 1986 suggest that no person in the country shall be carrying
any of the activity or operation in which there is a large emission of gases or other substances which may
lead to excess environmental pollution.

Section 8 - Persons Handling Hazardous Substances To Comply With Procedural Safeguards.

Section 8 provides that any person who is handling the hazardous substance needs to comply with the
procedural safeguards

Section 9 - Furnishing Of Information To Authorities And Agencies In Certain Cases.

When the discharge of any environmental pollutant in excess of the prescribed standards occurs or is
apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such
discharge and the person in charge of the place shall be bound to prevent or mitigate the environmental
pollution caused as a result of such discharge and also intimate the fact of such occurrence or apprehension
of such occurrence. Such persons are also bound to give assistance to authorities or agencies if asked to.
On receipt of such information, remedial measures must be taken without delay to prevent or mitigate
environmental pollution. The expenses occurred by the authorities relating to the remedial measures should
be recovered from the person concerned as arrears of revenue of public demand.

Section 10 - Powers Of Entry And Inspection

According to this section the central government can empower any person to enter any place at any
reasonable time for the purpose of :
 any of the functions of the Central Government entrusted to him
 determining whether or how any such functions are to be performed or whether any provisions or
any notice, order, direction or authorisation served, made, given or granted under this Act is being
or has been complied with.
 examining and testing any equipment, industrial plant, record, register, document or any other
material object or for conducting a search of any building

Section 11 - Power To Take Sample And Procedure To Be Followed In Connection Therewith

According to this section the central government has the power to collect air, water or soil sample for the
purpose of analysis from any factory premises or other places.

Section 12 - Evironmental Laboratories

The Central Government has the power to establish one or more environmental laboratories to carry out the
functions entrusted to an environmental laboratory under this act.

Rules regarding Functions, procedure for submission of samples, and other matters necessary for the
laboratory to carry out its functions shall be given by the Central Government by notification in the official
gazette.

Section 13 - Government Analysts

The central government has the power to appoint persons who is fit and qualified as Government Analysts to
analayse samples of air, water, soil etc.

Section 14 - Reports Of Government Analysts

Any document purporting to be a report signed by a Government analyst may be used as evidence of the
facts stated therein in any proceeding under this Act.

Section 15 - Penalty For Contravention Of The Provisions Of The Act And The Rules, Orders And
Directions

Whoever fails to comply with or contravenes any of the provisions of this Act shall be punishable with
imprisonment upto five years with fine upto one lakh rupees, or with both, and in case the failure or
contravention continues, with additional fine which may extend to five thousand rupees for every day
during.
OFFENCES BY THE COMPANIES AND THE GOVERNMENTAL DEPARTMENTS
Section 16 of the Environmental Protection Act, 1986 explains the principle of vicarious liability of the
Incharge person such as directors, Managers and secretary etc for if the offence is committed by any
company.

He is not held liable for the following:

1. If the offence is committed without his knowledge.

2. If he has taken diligent care to prevent the commission of the offence.
Illustration: If any company which is emitting some hazardous substance out of its industry and is taking
care of the standard level of the harm produced to the environment and if the offence committed by the
industry is not in knowledge of person taking the liability, then the person will not stand as liable.

There cannot be a liability on his part if he proves the following.

1. That the offence was committed without his knowledge.

2. If he has exercised the diligent care to prevent the commission of any offence.

Who can make a complaint?

A complaint can be filed by two parties:

1. The central government or any authority associated with the government.

2. Any person who has given the notice of complaint within the term of sixty days of the alleged
offence or the has the intention to make the complaint to governmental authority or the central
government.

IMPORTANT CASE LAWS REGARDING THE ENVIRONMENT PROTECTION ACT

Vellore Citizens’ Welfare Forum v. Union of India (1996)

Facts
River Palar is a river in the State of Tamil Nadu, which is also one of the main sources of drinking and
bathing water for the surrounding people. The petition was filed against excessive pollution caused by
tanneries and other industries in the State. The Tamil Nadu Agricultural University Research Centre also
revealed that a significant portion of agricultural land had turned either partially or completely unsuitable for
cultivation.

Issue
Should the tanneries and industries be allowed to operate at the expense of damage to the surrounding
environment?

Held
The Court highlighted that the main purpose of the Environment Protection Act is to create an authority
under Section 3(3) with all the necessary powers and functions to protect and improve the environment.
However, it was disappointing that not enough authorities were appointed for the same. Thus, it directed the
Central Government to appoint an authority within one month and confer on it all the adequate powers
required to deal with the situation created by tanneries and other polluting industries in Tamil Nadu. It also
directed the authority to implement the ‘precautionary principle’ and ‘polluter pays principle’. A fund called
‘Environment Protection Fund’ was also to be constituted. The compensation received was to be employed
for reversing the damage done to the environment and to the victims of the damage.

Narula Dyeing and Printing Works v. Union of India (1995)

Facts
The Narula Dyeing and Printing Works were allegedly discharging untreated pollutants into an irrigation
canal resulting in significant water pollution. The State Government as well as Gujarat State Pollution
Control Board issued directions under Section 5 of the Environment Protection Act to close down the
factory. The Petitioners challenged this order citing that no personal hearing was provided to them and no
time was granted to comply with the said directions.

Issue
Were the State Government and the Board right in closing down the factory without providing an
opportunity for a personal hearing to the petitioners?

Held
The Gujarat High Court held that the government was absolutely right in issuing the orders for closing down
the factory under Section 5. In cases where there is a grave injury caused to the environment, the
government is empowered to dispense with the opportunity of hearing. It is intended to protect the
environment from serious damage done by discharging untreated effluents.

M.C. Mehta v. Union of India (The Ganga Pollution Case) (1988)

Facts
Kanpur has been the hub of tannery business in India for a long time. Most of these industries are located on
the southern banks of the river Ganga. These industries have been known to have contaminated the river. In
1985, a matchstick tossed into the river resulted in a massive fire in the river because of the presence of a
toxic layer of chemicals formed on its surface. Thus, M.C. Mehta, a famous environment advocate, and an
activist filed a petition in the Supreme Court against the tanneries and also the Municipal Corporation of
Kanpur to stop them from discharging untreated effluents into the river, polluting it.

Issues involved

1. Whether the authorities had been negligent in protecting the river Ganga from pollution?
2. Should the smaller industries be aided financially for the installation of treatment plants and what
standards should determine ‘smaller industries’?

Held
The Court held that there were several laws in force in India that sought to prevent environment pollution
including the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act,
1974. However, the authorities had been negligent in discharging their duties prescribed under these laws. It
also observed that the financial capabilities of industries are irrelevant when considering the issue of
installing primary treatment plants. Thus, each tannery was directed to at least install primary treatment
plants, if not secondary plants.
The Court also laid down the following guidelines:
 1. It was the duty of the Central Government to direct all the educational institutions across India to
teach lessons on environment protection and improvement, at least for an hour every week.
2. Also, the Central Government must publish environment textbooks and distribute them among the
students.

M.C. Mehta v. Union of India (The Vehicular Pollution Case) (1991)

Facts
Delhi is the National Capital of India and yet is included as one of the most polluted cities of the world.
Over the years, the population of Delhi has become multifold and as one of the results of that, the pollution
levels have been sky high. The main source of pollution has been the two-wheelers. Thus, M.C. Mehta filed
the petition in the Apex Court to highlight the plight of the capital due to vehicular pollution and suggest
practical solutions to the problem.

Issue involved

1. What steps should be taken to prevent and reduce vehicular pollution in the National Capital?

Held
With reference to technological and other solutions suggested by the petitioner and the literature presented,
the Court passed the following interim orders:

1. It is the duty of the state under the DPSPs and also as mentioned in Section 51A as a fundamental
duty, to protect the environment, life, flora, and fauna.
2. Awareness is the key to reducing environmental pollution. People must be made aware of the
harmful effects of vehicular pollution on environmental health.
3. A committee was formed to look into vehicular pollution in the capital and suggest practical
solutions to prevent it.

CONCLUSION

The provisions of the Environment (Protection) Act, 1986 mark a positive step towards environment
protection and improvement. It has stipulated some stringent regulations for the prevention, control, and
abatement of environment pollution. The central government has been given a wide scope of powers to
frame rules and appoint authorities to further the purposes of this Act. Additionally, the Act has facilitated
the coming of several notifications for environment protection which have introduced new protective
principles like the Environment Impact Assessment. It has also empowered the citizens to play a proactive
role in environment protection by calling out the pollution-causing industries under EPA which has led to a
string of environmentally sound judicial decisions. However, there are still some lacunas present in the Act
that need to be filled with subsequent amendments to update the Act with changing times.
II. BIO MEDICAL WASTE

1. Define Bio Medical Waste. Explain the rules relating to management of Bio Medical Waste.
2. Explain the procedure prescribed in Bio-Medical Waste Rules 1998 for safe disposal of Bio-Medical
waste. ***
3. Write an explanatory note on the law concerning Bio-Medical Waste.

INTRODUCTION

Hospitals and various other laboratories engender a wide range and a significant quantity of wastes
(including biomedical or infectious waste) that has the ability to give rise to various health problems and
environmental hazards. Generally in India, 1-2 kg waste per bed per day in a hospital and 600 gm. waste per
day per bed in a clinic is generated, out of which more than 15% is hazardous or infectious and this
hazardous waste is mixed with remaining waste which results into the contamination of the entire waste.
This is why proper, effective, and efficient rules and regulations are needed for segregation and disposal of
waste. The sustainable management of these wastes is the social and legal responsibility of the government
as well as the public at large. So these wastes have to be properly collected, transported, and disposed of in
order to safeguard the environment, and to streamline these activities various guidelines and rules were
published by the Government of India in 1998 known as the Biomedical Waste (Management and Handling)
Rules, 1998.

BIOMEDICAL WASTE

Biomedical waste (hereinafter BMW) is defined under the rules as any waste produced during the diagnosis,
treatment, or immunization of human or animal research activities pertaining thereto or in the production or
testing of biological or in health camps.

In simple words, these wastes include animal anatomical waste, human waste, medical apparatus like
syringes, needles, and other materials used in hospitals and other laboratories (research center, nursing
homes, blood bank, pathological laboratories, etc.) in the process of research and treatment.

Biomedical wastes are divided into four color category:

1. Yellow: In this category, eight types of waste are categorized- Human anatomical waste, animal
anatomical waste, soiled waste, expired or discarded waste, chemical waste, chemical liquid
waste(separate collection system leading to effluent treatment system), discarded linen,
mattresses, beddings contaminated with blood or body fluid, and microbiology, biotechnology,
and other clinical laboratory waste.
2. Red: It includes contaminated waste that is recyclable like waste generated from disposable items
such as tubing, bottles, intravenous tubes and sets, urine bags, syringes, and gloves.
3. White(Translucent): It includes waste sharps including metals (includes used, contaminated and
discarded metal sharps)
4. Blue: It includes broken or contaminated or discarded glass and metallic body implants.

OBJECTIVE

The main objective of these rules is based on the concept of 3Rs, namely, reduce, recycle, and reuse. It aims
to delimit the waste, recover or reuse it as much as possible, and avoid disposing of it. The waste should be
tackled at the origin or at source rather than the “end of pipe approach”.
These guidelines mainly focus on the application and implementation of rules and regulations for the
betterment of the environment as well as the people. In these rules, it was explicitly mentioned that these
guidelines don’t apply to hazardous chemicals, municipal solid waste, radioactive waste, lead-acid batteries,
e-waste, genetically engineered organisms, and cells, and hazardous microorganisms which are governed
under other rules. The important elements of the rules are training to workers, health checkups,
immunization, and occupation safety of the workers.

As per the Indian government data, the total biomedical waste generated is 484 tonnes per day from 168,869
health care facilities in the country but only 447 tonnes per day is treated. There are only 198 common
biomedical waste treatment facilities in operation. The number of healthcare facilities using common
biomedical waste treatment facilities is 131,837 and approximately 21870 health care facilities have their
own treatment facilities on-site. To overcome this problem, these stringent rules have been notified by the
government and to ensure no pilferage of recyclables items occurs.

MAIN PROVISIONS

These rules have been modified completely to ensure the management of regulation of biomedical waste in
the country. The term ‘handling’ is also being removed from the name which gives more clarity about the
management and implications of the rules. Some of the updated and salient features of the rules are as
follows:

1. Now the wastes from vaccination camps, blood donation camps, and surgical camps are also
included, thus expanding the scope of the rules.
2. Duties of both occupiers (one who has administrative control over the health care facilities that is
generating biomedical wastes) and operators (one who controls the facilities of collection,
reception, transportation, treatment, and disposal of biomedical wastes) are unambiguously
specified under these rules.
3. Setting up of a barcode system for biomedical waste that is to be sent for treatment or disposal.
4. Maintenance of biomedical waste register daily and monthly updates on the website either by the
operator or occupier and also the maintenance of all the records for operation of
hydroclaving/incineration/autoclaving for a period of 5 years.
5. The method i.e. segregation, packaging, transportation, and storage of biomedical wastes has
been improved and the waste has been classified into four categories instead of ten for efficacious
management.
6. There should be a distance of seventy-five kilometers of common biomedical waste treatment
facility and onsite treatment or disposal facility. State governments should also provide the land
for the establishment of a common biomedical waste treatment facility and disposal facility.
7. The use of chlorinated plastic gloves, bags, blood bags, etc. should be gradually stopped.
8. Compulsory pretreatment of the laboratory, microbiological waste, and blood bags on-site before
disposal either at Common biomedical waste treatment facility or on-site. The method of
sterilization/disinfection should be in accordance with the World Health Organisation or the
National AIDS Control Organization (NACO).
9. Standards for emission from incinerators have been modified to be more environmentally
friendly.
10. The Ministry of Environment, Forest, and Climate change will monitor the implementation of
rules yearly. The responsibility of each state to check for compliance will be done by setting up a
district-level committee under the chairpersonship of District Collector or District Magistrate or
Additional District Magistrate. In addition, every 6 months, this committee shall submit its report
to the State Pollution Control Board.
REFORMS AND SUGGESTIONS

Biomedical waste Management Rules, 2016 was also altered and updated to improve compliance and
strengthen the implementation for a better environment. In 2018, the Government of India published the
Bio-Medical Waste Management (Amendment) Rules, 2018. Some of the major reforms in 2018 rules are:

1. Complete phasing out of chlorinated plastic items such as bags and gloves from the bio-medical
waste generators including hospitals, dispensaries, animal houses, clinics, nursing homes, blood
banks, etc.
2. Within two years of the publication of these rules, all institutions have to publish an annual report
on its site.
3. In accordance with the guidelines issued by the Central Pollution Control Board, all the operators
of common bio-medical waste treatment and disposal facilities have to establish a global
positioning system and as well as a barcoding system for handling of bio-medical waste.
4. The State Pollution Control Board has to compile, review and analyze the information received
by the operators and also have to send these reports to the Central Pollution Control Board, which
keeps detailed information regarding district-wise waste generation.

One of the major challenges that will be faced by the healthcare facilities and hospitals in implementing
these rules and guidelines is Lack of funds- as to phase out chlorinated plastic bags and to establish a global
positioning and a barcode system for biomedical waste, a huge cost will be incurred and the time span for
the same is very short i.e. two years.

Another major challenge is the use of incinerators and the hazards it causes. After implementing the first
rules in 1998, India saw a boom in the installation of incinerators. It is the system that is based on the high
temperature that kills the pathogen and in the process, it also destroys the material in which the microbes
reside. But the limitation of this system is that it produces a number of toxins during the process such as
products of incomplete combustion and dioxins. These products of incomplete combustion are the particles
that are formed during incineration and dissociation of waste components. By this method, metals are not
destroyed but dispersed into the environment causing serious health problems. These toxins have a tendency
to accumulate in fatty acids and travel up the food chain. This damages the immune and endocrine system of
humans. In foreign countries like the Philippines and Denmark, the construction and use of incinerators are
banned, similar steps should be taken by the Government of India to mitigate these toxins from the
environment.

The major technology used for disposal of biomedical waste is incineration, microwaving, autoclaving, and
chemical treatment, but apart from these some new technologies have also been developed or are still under
research such as thermal processes, biological processes, irradiative processes, and chemical processes. In
the thermal processes mostly waste including cultures, soft waste (gauze, bandages, and gowns), human
waste, laboratory waste, and sharp medical instruments are sterilized. These thermal processes are divided
into three groups- low heat technologies (operating between 93 C and 177 C) which include microwaves and
autoclaves, medium heat technologies(operating between 177 C and 540 C) which include reverse
polymerization and thermal DE polymerization, and high heat technologies (operating between 540C and
8300C) which include plasma, induction, lase oxidation based pyrolysis. In biological processes, bio
converter and biodegradable plastic systems are used for the disposal of biomedical waste.
PROCEDURE

Segregation, packaging, transportation and storage.—

1. Bio-medical waste shall not be mixed with other wastes.

2. Bio-medical waste shall be segregated into containers/bags at the point of generation in accordance
with Schedule II prior to its storage, transportation, treatment and disposal. The containers shall be
labelled according to Schedule III.
3. If a container is transported from the premises where bio-medical waste is generated to any waste
treatment facility outside the premises, the container shall, apart from the label prescribed in
Schedule III, also carry information prescribed in Schedule IV.
4. Notwithstanding anything contained in the Motor Vehicles Act, 1988, or rules thereunder, untreated
bio-medical waste shall be transported only in such vehicle as may be authorized for the purpose by
the competent authority as specified by the Government.
5. No untreated bio-medical waste shall be kept stored beyond a period of 48 hours: Provided that if for
any reason it becomes necessary to store the waste beyond such period, the authorized person must
take permission of the prescribed authority and take measures to ensure that the waste does not
adversely affect human health and the environment.
6. The Municipal body of the area shall continue to pick up the transport segregated non bio-medical
solid waste generated in hospitals and nursing homes, as well as duly treated bio-medical wastes for
disposal at municipal dump site.

BIO MEDICAL WASTE MANAGEMENT RULES

Biomedical waste is defined as any waste, which is generated during the diagnosis, treatment or
immunization of human beings or animals, or in research activities pertaining thereto, or in the production or
testing of biological.

Categories of Biomedical Waste, There are ten defined categories

● Human anatomical waste: (tissues, organs, body parts)

● Animal waste: (including animals used in research and waste originating from veterinary hospitals
and animal houses)
● Microbiological and biotechnology waste: (including waste from labcultures, stocks or specimens
of microorganisms, live or attenuated vaccines, wastes from production of biologicals, etc.)
● Waste sharps: (used/unused needles, syringes, lancets, scalpels, blades,glass etc.)
● Discarded medicines and cytotoxic drugs.
● Solid wastes: (items contaminated with blood and body fluids, including cotton dressings, linen,
plaster casts, bedding etc.)
● Solid wastes: (wastes generated from disposable items other than waste sharps such as tubing,
catheters, I.V. sets, etc.)
● Liquid waste: (waste generated from washing, cleaning, housekeeping and disinfection activities
including these activities in labs).
● Incineration ash: (from incineration of any biomedical waste)
● Chemical waste: (chemicals used in production of biological and disinfection)
CASE LAWS

T. Damodhar Rao v Municipal Corporation, Hyderabad case A.I.R. 1987 A.P. 171,

 In this case, the Court held that "the enjoyment of life and its attainment and fulfillment guaranteed by
Article 21 of the Constitution embrances the protection and preservation of nature's gift without which
life cannot be enjoyed.

 There can be no reason why practice of violent extinguishments of life alone should be regarded as
violative of the Constitution. The slow poisoning by the polluted atmosphere caused by environmental
pollution and spoilation should also be regarded as amounting to violation of Article 21 of the
Constitution.

 In this instant case, the petitioner prayed that the land kept for recreational park under the development
plan ought not to be allowed to be used by the Life Insurance Corporation or Income Tax Department
for constructing residential houses.

 Accordingly, the LIC of India and Income Tax Department were forbidden from raising any structures
or making any constructions or otherwise using the land referred to move for residential purposes.

Indian Council for Enviro-Legal Action v Union of India, (1996) 3 SCC 212 ( H-Acid case)

 In this case, a public interest litigation was filed by an environmentalist organization, not for issuance of
writ, order or direction against the industrial units polluting the environment, but against the Union of
India, State Government and State Pollution Control Board concerned to compel them to perform their
statutory duties on the ground that their failure to carry on such duties violated the rights guaranteed
under Article 21 of the residents of the affected area.

 The Supreme Court further pointed out that if it finds that the government/authorities concerned have
not taken the action required of them by law and that their inaction is jeopardizing the right to life of the
citizens of this country or of any section thereof, it is the duty of the Supreme Court to intervene.

 The Court also rightly rejected the contention that the respondents being private corporate bodies and
not "State" within the meaning of Article 12, a writ petition under Article 32 would not lie against them.

 If the industry is continued to be run in blatant disregard of law to the detriment of the life and liberty of
the citizens living in the vicinity, the Supreme Court has power to intervene and project the fundamental
right to life and liberty of citizens of this country.

Sushanta Tagore v Union of India, (2005) 3 SCC 16

 In this case the question related to construction of residential and commercial complexes by developers
and promoters in the territorial area comprising Shantiniketan in utter disregard of, inter alia,
environmental and pollution control laws and requirements which had endangered the very purpose
tradition and objective with which Visva-Bharti was established and which was thereafter sought to be
preserved by the Act.

 The Supreme Court observed that it is the duty of the State and the Development Authority not to allow
activities in the territorial limits which may damage environmental ambience of the area contrary to the
ideals, of Visva-Bharti.

 It is imperative that the ecological balance be maintained keeping in view the provisions of both
Directive Principles of State Policy read with Article 21 of the Constitution.
K. v State of Punjab and Others, CWP No. 19627 of 2012

 In this case the petitioner seeks a direction to the respondents to shift/remove the Garbage Dumping
Ground situated in between the residential area and adjacent to Government School.

 To say that the solid waste material is being dumped in the open area, reference was made to the
photographs placed on record. It was further stated that due to non-cleaning of the sewerage lines, dirty
water is coming out and is accumulating next to the residential houses.

 An affidavit of Dr. Sumeet Kumar, IAS, Additional Commissioner, Municipal Corporation, Ludhiana
has been placed a record.

 The over-flow of sewer was due to plugging in of the sewerage pipes as the main sewer pipe was being
cleaned.

 Since the plugs have now been removed, the problem of overflowing of sewer isno more subsisting. It
was mentioned here that the Corporation is already in the process of setting up a Municipal Solid Waste
Treatment Plant at Garbage dump at village Jamalpur.

 The contract has been given to M/s A2Z Company who is now managing the garbage within the city
area and transporting it to the garbage dump for its treatment.”

 It is also stated that one company has been engaged to remove the solid waste from open areas and
taking it to an appropriate place for dumping.
III. ECO MARK SCHEME ***(6)

INTRODUCTION

Ecomark is issued for first time in 1991 by the Ministry of Environment and Forests. Ecomark is
a certification mark issued by the Bureau of Indian Standards (BIS) for products which are
ecologically safe and adheres to the standards prescribed by the BIS. Eco mark provides
certification and labeling for house-hold and other consumer products which meet certain
environmental criteria along with quality requirements prescribed in relevant Indian Standards for
the product.

OBJECTIVES OF ECO MARK SCHEME

 To offer an incentive to producers and importers to reduce the adverse impact of their products on the
environment.
 To reward good initiatives companies take in order to reduce the adverse environmental impact of their
products.
 To encourage consumers to be more environmentally aware in their day-to-day lives and urge them to
take into account environmental factors also before making a purchase decision.
 To promote environmentally-safe products among citizens.
 To improve environmental quality and promote sustainable management of resources.

ECO MARK LOGO

An earthen pot is Eco mark logo. It uses a renewable resource like earth and does not
produce hazardous waste and consumes little energy in making. It represents both strength
and fragility, indicative of the ecosystem.

ECO MARK CRITERIA

The products that come up for certification will be assessed for the following main
environmental impacts:
 They have substantially less potential for pollution when compared to similar products in terms of
usage, production and disposal.
 They are recycled, recyclable or made from recycled or biodegradable materials.
 They make a significant contribution towards preserving non-renewable resources.
 They must contribute to the decrease in the adverse primary criteria that has the highest
 environmental impact associated with the product’s use.

POINTS TO BE CONSIDERED WHILE DETERMINING THE PRIMARY CRITERIA FOR A

PRODUCT

 The process of production including the source of raw material.

 The case of natural resources.
 Likely impact on the environment.
 Energy conservation in the product’s production.
 Effect and extent of the waste emanating out of the process of production.
 Product and product container disposal.
 Use of waste and recycled materials.
 Sustainability for recycling or packaging.
 Biodegradability
FUNCTIONS OF BUREAU OF INDIAN STANDARDS

 Assessment of the product for ECO Mark, certification of the product for award of ECO Mark.
 Renewal, suspension and cancellation of the license
 Products certified as eligible for the ECO Mark shall also carry the ISI Mark (except for leather) for
quality, safety and performance of the product and shall be licensed to carry the ECO Mark for a
prescribed time period after which it shall be reassessed.
 Undertaking inspections and taking samples for analysis of any material or substance.

SETBACKS

 There is cost and expenses involved in obtaining eco mark labeling.

 There is no much consumer awareness about eco mark label and there is practice of fake and vague
logos.

CONCLUSION

If the eco mark label scheme is properly implemented it would be great step in environmental
protection. It encourages manufactures and consumers to manufacture and consume eco friendly
products.
IV. ENVIRONMENTAL AUDIT

INTRODUCTION

Environmental auditing is essentially an environmental management tool for measuring the effects of certain
activities on the environment against set criteria or standards. Depending on the types of standards and the
focus of the audit, there are different types of environmental audit. Organisations of all kinds now recognise
the importance of environmental matters and accept that their environmental performance will be scrutinised
by a wide range of interested parties. These are used to help improve existing human activities, with the aim
of reducing the adverse effects of these activities on the environment.
An environmental auditor will study an organisation’s environmental effects in a systematic and
documented manner and will produce an environmental audit report. There are many reasons for
undertaking an environmental audit, which include issues such as environmental legislation and pressure
from customers.

ORIGINS OF ENVIRONMENTAL AUDITING

Environmental safety and health auditing developed in the early 1970s, largely among companies operating
in environmentally intensive sectors such as oils and chemicals. Since then environmental auditing has
spread rapidly with a corresponding development of the approaches and techniques adopted. Several factors
have influenced this growth.

• Industrial accidents. Major incidents such as the Bhopal, Chernobyl and ExxonValdez disasters have
reminded companies that it is not sufficient to set corporate policies and standards on environmental health
and safety matters without ensuring that they are being implemented. Audits can help reduce the risk of
unpleasant surprises.

• Regulatory developments. Since the early 1970s regulations on environmental topics have increased
substantially. This has made it steadily more difficult for a company to ascertain whether a specific plant in
a particular country is complying with all of the relevant legislation.

• Public awareness. The public has become increasingly aware of, and vocal about, environmental and safety
issues. Companies have had to demonstrate to the public that they are managing environmental risks
effectively.

• Litigation. The growth of legislation has led to a corresponding explosion of litigation and liability claims,
particularly in the United States. In Europe and elsewhere, there is growing emphasis on the responsibilities
of individual directors and on making information available to the public.

DEFINITIONS

The term 'audit' has its origins in the financial sector. Auditing, in general, is a methodical examination -
involving analyses, tests, and confirmations - of procedures and practices whose goal is to verify whether
they comply with legal requirements, internal policies and accepted practices.

OBJECTIVES OF ENVIRONMENTAL AUDITING

The overall objective of environmental auditing is to help safeguard the environment and minimize
risks to human health. Clearly, auditing alone will not achieve this goal (hence the use of the word
help); it is a management tool. The key objectives of an environmental audit therefore are to:
 determine how well the environmental management systems and equipment are performing
 verify compliance with the relevant national, local or other laws and regulations
 minimize human exposure to risks from environmental, health and safety problems.
BENEFITS OF ENVIRONMENTAL AUDITING

If environmental auditing is implemented in a constructive way there are many benefits to be derived from
the process. The auditing approach described in this paper will help to:

 safeguard the environment

 verify compliance with local and national laws
 indicate current or potential future problems that need to be addressed
 assess training programmes and provide data to assist in training
 enable companies to build on good environmental performance, give credit where appropriate and
highlight deficiencies
 identify potential cost savings, such as from waste minimization
 assist the exchange and comparison of information between different plants or subsidiary companies
 demonstrate company commitment to environmental protection to employees, the public and the
authorities.

TERMINOLOGY

Environmental auditing should not be confused with environmental impact assessment (EIA). Both
environmental auditing and EIA are environmental management tools, and both share some terminology, for
example, 'impact', 'effect', and 'significant', but there are some important differences between the two.

Environmental impact assessment is an anticipatory tool, that is, it takes place before an action is
carried out (ex ante). EIA therefore attempts to predict the impact on the environment of a future
action, and to provide this information to those who make the decision on whether the project
should be authorised. EIA is also a legally mandated tool for many projects in most countries.

Environmental auditing is carried out when a development is already in place, and is used to check
on existing practices, assessing the environmental effects of current activities (ex post).
Environmental auditing therefore provides a 'snap-shot' of looking at what is happening at that
point in time in an organisation.

The International Organization for Standardization (ISO) has produced a series of standards in the
field of environmental auditing. These standards are basically intended to guide organisations and
auditors on the general principles common to the execution of environmental audits. These are
addressed elsewhere in this module.

Environmental auditing means different things to different people. Environmental auditing is often
used as a generic term covering a variety of management practices used to evaluate a company's
environmental performance. Strictly, it refers to checking systems and procedures against
standards or regulations, but it is often used to cover the gathering and evaluation of any data with
environmental relevance - this should actually be termed an environmental review.

CONCLUSION

It can be concluded that Environmental Audit evaluates the performance and compliance of an
organization with the prescribed environmental standards to assess the harm caused to the
environment or a potential to cause environmental harm.
V. ENVIRONMENTAL IMPACT ASSESSMENT. ***

INTRODUCTION
Environmental Impact Assessment (EIA) is an operation to assess the probable environmental impacts of a
propound project or development, taking into consideration socio-economic, culture and human-health
impacts are both favourable and adverse. It is basically an environmental gauge of a scheme, stratagem,
program, or actual projects, prior to the decision of progressing with the proposed measures. It
systematically scrutinizes both beneficial and adverse repercussions of the project and corroborates that
these further effects are must to be taken into account. Furtherly, It assists to analyse the most feasible way
of the environmental effects in that particular project, proposes measures to alleviate the effects and then
forecast whether there will be notable adverse environmental effects, even after the diminution is
implemented.

EIA is so unique that It hardly requires any adhesions to pre-arranged environmental outcomes. Properly
managing, EIA also reduces the conflicts by encouraging community participation, by appraising decision
makers etc. EIA has been overviewed in all the stages of a project, from investigation and planning, through
construction, functioning, demilitarization, and beyond site closures. The United Nation Environmental
Programme (UNEP) defines Environmental Impact Assessment (EAI) as an object clearly used to identify
the environmental, social and economic collision of a project antecedent to decision making. It focuses to
examine environmental repercussions at an early stage of the project planning and design. It gradually found
ways to reduce such adverse impacts. Environmental Impact Assessment in India is statutorily backed by an
act namely, Environment Protection Act, which basically contains the various allocations on EIA
methodology and process. It is a gentle process to rectify the upcoming events or matters of current or
proposed action.

OBJECTIVES
There are several objectives of the Environmental Impact Assessment as follows-

1. Firstly, It leads to Identification, forecasting and assessing the economic, environmental and social
impact of developed activities.
2. For the decision-making process, it provides relative information on environmental consequences.
3. Through the proper mode of identification of a mitigation process, It promotes environmentally
sound and sustainable development.
4. It further seeks to increase the apprehensions of the ecological system and natural resources which
are essential to the world.
5. It also provides a better understanding of the desegregated perspective of a region about and
undergoing developments.
6. It provides negative and positive aspects of any project.

ASSESSMENT OF THE EIA SYSTEM IN INDIA

Meanwhile, after the investigation of the title role of all the particular actors in the EIA, the institutional and
legal basis of EIA got appraised. This system is analysed based on the system of evaluation criteria. From all
these proceedings, it further got cleared with the facts that EIV has still a long way to go in the legal
provisions. Besides, for the blemish in the EIA provisions and operations, the screening method still
becomes one of the major chunks of activities required out of EIA. As far, whichever activity has been
covered throughout or performed by the current provisions were cleared without adhering to them as has
been justified in the case of Sethusamudram Ship Channel Project, 1997.

Case study – Sethusamudram Ship Channel Project

As India does not have a definite and a continuous route around the peninsula running around its own
territory. Therefore, all the ships from west to east have to go by another side adhering to an additional
distance. The Ministry of shipping recognized the Tuticorin Port Trust (TPT) as the agency for the
implementation of the Sethusamudram Ship Channel Project. Through his major initiative which leads India
to fall into many beneficiary parts as through these shipping channels, there is enough water shelter route to
the ships coming from the eastern side or western side.

INDIA’S MAJOR OUTLOOK ON EIA

There are significant changes that were carried out through the 2006 amendment.

1. Firstly, the suburbanised regulatory functions to the state level Environmental impact assessment
agency.
2. The State Pollution Control Board was given the charge responsibility to overhear the public
voice, taking away the responsibility from the proponent.
These were the given changes that were implemented just to make the appraisal changes more streamlined
and transparent. The court has ensuing the expanded and deepened impacts of these changes through their
major decisions in the EIA process.

Case Law- Sterlite Industry ltd. v. Union of India,2013

Facts- In this case, the Supreme Court had discussed the relevant grounds on which the administrative
actions including certain approvals must be challenged. The ground for judicial review was filled with
illegality, irrationality and so on. Therefore, the granting of approval from a certain authority simply outside
the powers lined with the law, which would be a ground for irregularity. If the decisions were to suffer from
unreasonableness then they could interfere with the irrationality. Nevertheless, it could not sustain itself,
where it found that the State Expert Appraisal Committee (SEAC) had recommended certain issues without
any applications.

PROCESS OF EIA
EIA further includes the following steps which have to be followed-

1. Screening- The first step includes the identification part. Where it has to be analysed as to which
area or a part of the developmental project requires a full assessment study.
2. Scoping-Here includes overlooking those arenas which state the potential impacts to assess, also
to recognize alternative solutions that have been avoided or compensating those adverse impacts
affecting biodiversity.
3. Collection of data- The baseline data has to be collected which states the environmental status of
a study area.
4. Public hearing- Mainly after the completion of a project, certain groups of people living close by
to a project are thereby informed of the same.
5. Decision making- The discussion leads to the consulted authorities taking charge of the project to
take it to a final decision.
6. Risk assessment- Inventory analysis and hazardous property and index also lead to EIA
procedures.

MANDATORY REPORTINGS
Environmental Impact Assessment is a tool to measure sustainable development through recognition with
the impacts relatively adhering to the environmental effects. It is awaiting, participatory and structured in
nature and also depends on certain issues. In addition, EIA is a phrase which comes from Section 102(2) of
the National Environmental Policy Act. MOEF has categorised certain sectors which require the
predetermined clearance before inaugurating any project activity. These are further categorised on the basis
of the project and their mode of activity. Certain sectors are as follows-

1. Mining/ underground mining

2. Petroleum refining industry
3. Cement plants
4. Coal washeries
5. Thermal Power Plants
6. Distillers
7. Sugar Industry
8. Integrated Paint Industry

IMPORTANCE OF EIA
It has benefitted throughout. Some of the benefits are as follows-

1. EIA associates the environment with the development of environment-based sustainable

development.
2. It is provided with the relevant method to minimise the adverse impacts of the developmental
projects.
3. It also heartens the adaption of certain practices in the plan such as mitigation practice.
4. It corroborates that the developmental plan is environmentally clear and sound as well as within
the limits of regeneration of the ecosystem.
5. Certain effects have to be analysed by the consulted authorities.
6. The profound group looks at the matter and takes it into consideration before implementing the
project.

SHORTCOMINGS OF EIA
There are several shortcomings out related to the EIA, i.e:

 It costs time delays which states that it delays both the company projects as well as the government.
This may cause trouble for clients who have to submit their work before the deadline.
 However, It requires preparation and follow-ups. As many countries face issues related to this matter.
Sometimes they skip one or both these procedures.
 A number of projects with the relevant environmental impacts have been excluded from the mandatory
public hearing process.
 The data collectors, however, do not pay respect to the indigenous knowledge of the local people.

ADVANTAGES OF EIA
There are several advantages of EIA such as:

1. EIA is a system of apparatus which helps in designing the proper use of natural and human
resources significantly.
2. It can recognise such areas where there is a need for adverse effects and so guide site selection.
3. It identifies the consequences as well, which can lead to an introduction of pollution control
measures.
4. It can aid the most benefited site in terms of reducing or minimising the harmful effects.
5. It reduces the time while implementing any of the projects.
 6. It certainly avoids the violation of the laws and regulations so far.
7. This is one of the finest sites for the selection and priority settings.
8. However, It also activates the Institutional buildings.

CONCLUSION
EIA indisputably has a pivotal role to play in subscribing to the environmental issues surrounding projects
and development, mainly the power project. Environmental protection and economic development must be
dealt with in a consolidated manner. The amalgamation of environment and developmental planning is the
most paramount in achieving sustainable development. The EIA process requires certain objects to be taken
into consideration for protection in any arena of development. Despite all these, Environmental Impact
Assessment has come up with one crucial part for the Planning project.