Environment Clerance Process

Environment Clearance Process

All major project which are more than 20000 sqm  (thumb rule) as required to be cleared by  Ministry of Environment and Forest (MOEF) under MOEF act 2006.

MOEF is organized into state govt and Central Govt bodies.

Organisation.  MOEF (central Govt) – State Environment Impact Assessment Authority  or SEIAA, (lead by IAS officer)  –State Environment Assessment Committee or SEAC ( Committee of experts from factory, agriculture, forest, pollution, PHE and many departments- about 10-15 experts).

Projects under state govt/centre govts power depending on their location with respect inter state boundaries, area & investments.

In order to take environment clearance – there is one application form which needs to filled up and submitted with relevant attachments ( about 500 pages).

Usually within one months time- about 50 to 60 observations are sent. Once clarification is submitted, applicant is asked to give presentation of the project to the SEAC members. They normally point 5-6 points. Again after 3 months, next presentation is held giving clarifications to members queries. So by now 6 months are gone.

In case SEAC approves this, matter is referred to SEIAA.

SEIAA again asks applicants to give presentation.  They will also have few queries. So applicant is asked to come again with replies and make one more presentation. So by now another six months are over.

Thus under normal circumstances, when everything is in order, it take 12-14 months to get EC at state level.

In case if this is required to be cleared by Govt, add another six months Time.

By

Deepak Singh

9971119822

Land Acquisition Process for Projects

Land Acquisition Process for Projects.

1.      Have land survey done and choose a piece of land as per town planners map.

2.      Carry out a feasibility business study about the success of the project.

3.      Ascertain cost benefit analysis.

4.      Once finances are defined move to implement the project in following manner :-

5.      Finalize land purchase - Check registry, publish a notice about purchase in local news papers, check non encumbrance of land from revenue office, enter into sale purchase agreement, pay advance and take possession, then pay remaining amount and get the registry muted in your favor. Land should be marked by carrying out proper land survey and keeping revenue officer as part of proceeding to avoid disputes at a later stage. It is always advisable to make some part of payment through bank loan.

6.      CLU. Change of land uses (CLU) are essential when a land purchased is intended to be utilized for purpose other recorded on revenue records for example if agricultural land is utilized for school, CLU is required, But if land piece earmarked for usage as school is required to be used for school purpose no CLU is required. CLU is expensive and time consuming process.