It may be mandatory for industries to submit Environmental Impact Assessment (EIA) before they are set up, but 23 units in the state, which were served notices by the Gujarat Pollution Control Board a decade ago, continue to function without it.

The effectiveness of EIA as a yardstick to maintain environmental standards can be seen in an ongoing legal battle between environmental activists and the Ministry of Environment and Forests in the Gujarat High Court since 2003.

According to a reply to an affidavit submitted by MoEF director Dr P L Ahujarai, “The units which commenced operation after the issuance of EIA notification dated January 27, 1994 — under the Environment (Protection) Act, 1986 — without obtaining environmental clearance can have a last chance to apply for the same as per the procedure laid down in the circular dated March 31, 1999.” The reply further indicates that the industries can get another chance since “there are difficulties faced by different industries and different state pollution control boards (in compliance)”.

The affidavit filed by the MoEF says: “During the review made in 1998, the ministry noted a large number of projects had been taken up without obtaining mandatory environmental clearance, and subsequently, all the pollution control boards were asked to issue notices to the defaulting industries.”

The affidavit further cites that as per an order of May 14, 2002, the date for the public hearings where the industries are supposed to put up EIA was extended upto March 31, 2003. On the other hand, in the same affidavit, the ministry points out in Paragraph 5 that the “defaulting industrial units have been in operation since 1994 without obtaining environmental clearances”.

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