NGT sets aside SEIAA rejection of quarry near Vallanadu Blackbuck Sanctuary
The National Green Tribunal (NGT) set aside the Tamil Nadu State Environmental Impact Assessment Authority's (SEIAA) rejection of a proposed rough stone and gravel quarry near Vallanadu Blackbuck Sanctuary in Thoothukudi district
The proposed quarry covers approximately 6.02 hectares in Padmanabamangalam village, Srivaikundam taluk, located approximately 1.7-1.9 km from the sanctuary boundary
The State Expert Appraisal Committee (SEAC) had earlier declined to recommend environmental clearance, leading to SEIAA's rejection in April 2023
The rejection was based on concerns that blackbucks frequently move outside the sanctuary boundary for grazing, with studies suggesting they travel up to 5 km beyond the protected area
NGT directed SEIAA Tamil Nadu to reconsider the proposal within six weeks and pass fresh orders
The Tribunal directed authorities to adopt a more balanced evaluation, assessing whether strict environmental safeguards can protect wildlife while allowing the quarry
Environmental Impact Assessment (EIA) Process in India
The EIA Notification, 2006 issued under the Environment (Protection) Act, 1986 governs the environmental clearance process for developmental projects in India. Projects are categorized as Category A (national level clearance by MoEFCC) or Category B (state level clearance by SEIAA). The process involves four stages: Screening, Scoping, Public Consultation, and Appraisal.
Key Details
- EIA Notification, 2006: Issued under Environment (Protection) Act, 1986 (Section 3)
- Category A projects: Appraised by Expert Appraisal Committee (EAC) at central level, clearance by MoEFCC
- Category B projects: Appraised by State Expert Appraisal Committee (SEAC), clearance by SEIAA
- Category B further divided into B1 (requires EIA study) and B2 (exempted from EIA study)
- Mining projects (minor minerals like rough stone and gravel): Typically Category B, cleared by SEIAA based on SEAC recommendations
- Timeline: Maximum 10-12 months for full EC process under EIA 2006
- SEIAA is constituted by the Central Government under the EIA Notification but operates at the state level
The quarry proposal was a Category B mining project assessed by Tamil Nadu's SEAC and SEIAA. The NGT's intervention to reconsider the rejection highlights the tension between development approvals and ecological precaution in the EIA framework.
National Green Tribunal: Powers and Jurisdiction
The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests. It has the power to hear civil cases involving a substantial question relating to environment, including enforcement of environmental laws and providing relief for damages to persons and property.
Key Details
- Established: October 18, 2010 under the NGT Act, 2010
- India is the third country (after Australia and New Zealand) to set up a specialized environmental tribunal
- Jurisdiction: All civil cases involving substantial questions relating to environment, including enforcement of any legal right relating to environment
- Can hear appeals against orders of regulatory authorities like SEIAA, SEAC, and pollution control boards
- NGT orders are binding and enforceable as decree of a civil court
- Original jurisdiction covers 7 laws including Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; Biodiversity Act, 2002; Water Act, 1974; Air Act, 1981
- Chairperson must be a retired Supreme Court judge or Chief Justice of a High Court
The NGT exercised its appellate jurisdiction over the SEIAA decision, demonstrating its power to review environmental clearance decisions and direct reconsideration where it finds the evaluation process to be inadequately balanced.
Wildlife Protection Act and Eco-Sensitive Zones
The Wildlife Protection Act, 1972 provides the legal framework for protection of wildlife habitats in India, including the establishment of sanctuaries and national parks. Under the Act, activities within and around protected areas are regulated to prevent disturbance to wildlife. The concept of Eco-Sensitive Zones (ESZs) around protected areas was introduced through the Environment (Protection) Act, 1986 to act as buffer zones.
Key Details
- Wildlife Protection Act, 1972: Provides for establishment of sanctuaries (Section 18) and national parks (Section 35)
- Activities within sanctuaries regulated under Chapter IV: Mining, quarrying, and stone-breaking generally prohibited inside sanctuaries
- Eco-Sensitive Zones: Notified by MoEFCC under EPA, 1986 for areas around national parks and sanctuaries
- Supreme Court in T.N. Godavarman Thirumulpad case directed ESZs of minimum 1 km around all protected areas
- June 2022 Supreme Court order mandated a minimum 1-km ESZ around all protected areas where no specific ESZ has been notified
- Blackbuck (Antilope cervicapilla): Schedule I species under WPA, 1972, accorded highest level of protection
The quarry site is located 1.7-1.9 km from the Vallanadu Blackbuck Sanctuary boundary, potentially within the eco-sensitive zone. The fact that blackbucks travel up to 5 km outside the sanctuary for grazing raises questions about whether the quarry distance provides adequate protection for a Schedule I species.
- Vallanadu Blackbuck Sanctuary: Located in Thoothukudi district, Tamil Nadu; established for the conservation of the Indian blackbuck
- Blackbuck (Antilope cervicapilla): Schedule I species under Wildlife Protection Act, 1972; endemic to the Indian subcontinent
- Proposed quarry: 6.02 hectares in Padmanabamangalam village, 1.7-1.9 km from sanctuary boundary
- SEIAA rejection: April 2023, based on SEAC's non-recommendation due to wildlife concerns
- NGT direction: Reconsider within six weeks with a balanced evaluation approach
- Blackbuck movement range: Up to 5 km beyond the sanctuary boundary for grazing
- EIA Notification, 2006: Governs environmental clearance for mining projects
- NGT Act, 2010: Established specialized environmental tribunal with appellate jurisdiction over SEIAA decisions