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Monday, September 7, 2020

Draft EIA 2020: Karnataka HC extends stay on publication of final notification

Environment
The Centre had failed to file its response despite seeking time from the High Court.
Kolam protest against EIA draft
Representational image
The Karnataka High Court on Monday extended the stay imposed on the Union government restraining it from publishing the final notification of the Environmental Impact Assessment 2020. This after the Union government failed to file its response despite seeking time for the same earlier.  The first stay was granted by the same bench led by Chief Justice AS Oka on August 5 as the draft notification had not been given wide publicity nor was it available in regional languages. The court order was based on a public hearing litigation filed by the United Conservation Movement (UCM). Speaking with TNM, Prince Isaac, advocate for the  UCM, said, “The High Court has primarily observed that the Central government did not respond proactively while they had only sought for time. Therefore, the stay has been extended. As of now, there is no next date of hearing fixed for the case as of now, and it has been postponed sine die. The court has observed that it is a case for final hearing and it should be heard extensively.” Wide-scale opposition and controversy The Draft EIA 2020 has been challenged in various High Courts in the country and other non-legal forums by environmentalists, who have alleged that it dilutes environmental norms in the garb of fast tracking developmental and industrial activities. Major changes proposed include reduced public consultation process and post-facto environmental clearance meaning projects can begin without prior environmental clearance. Other than environmental activists and rights groups, former Minister of Environment and Forests Jairam Ramesh have also spoken against it. Incidentally, the Union government on Friday had told the Delhi High Court that publishing the draft in languages other than Hindi and English would lead to “translation and interpretation issues”, resulting in the “obfuscation” of the words used in the draft. The Delhi HC in a June 30 judgement has directed the notification be published  in all the 22 languages (mentioned in 8th Schedule of the Constitution) within 10 days of the verdict. Incidentally, a Right to Information request filed by environmental activist Vikrant Tongad had also revealed the Minister of Environment and Forests Prakash Javedkar had rejected a proposal by officials to extend the deadline for public to submit feedback on the draft. Incidentally Vikrant is also the petitioner at the Delhi HC.
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