THE GAZETTE OF INDIA

 

EXTRAORDINARY

 

PART II – Section 3 – Sub-section (ii)

 

MINISTRY OF ENVIRONMENT AND FORESTS

 

NOTIFICATION

 

New Delhi, the 7th July, 2004

 

 

S.O.801(E), dated 7th July, 2004 - Whereas a draft of certain amendments to the notification of the Government of India in the Ministry of Environment and Forests number S.O.60 (E), dated the 27th January 1994 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) vide number S.O.1236 (E), dated the 27th October, 2003 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public;

 

And whereas, copies of the said notification were made available to the public on 27th October, 2003;

 

And whereas, the Orders of the Hon’ble Supreme Court in the Writ Petition (C) No.725 of 1994 with I.A. No.20, 21, 1207, 1183, 1216 and 1251 in Writ Petition (C) No.4677 of 1985 in the matter of news item published in Hindustan Times titled “And Quiet Flows the Maily Yamuna” vs. Central Pollution Control Board and Others have been duly considered;

 

And whereas, the Orders of Hon’ble High Court of Madras in W.P. (C) No.33493 of 2003 and W.P. Nos.35205, 35517, 35691, 35692 and 35825 of 2003 and W.P. M.P. Nos.40556, 42562, 43720, 45348 to 45350, 42791, 42792, 43882, 43181, 43366 to 43369, 43544 and 43545 of 2003 between C.S. Kuppuraj and others Vs. the State of Tamil Nadu and others have also been duly considered;

 

And whereas, all objections and suggestions received have been duly considered by the Central Government;

 

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the notification number S.O. 60 (E), dated the 27th January 1994, namely:-

 

In the said notification, - 

 

I.                    in paragraph 3-

(i)                  in item (a), for the letters, word and figures “Nos.3,18 and 20”,  the letters, word and figures “Nos.3,18,20,31 and 32” shall be substituted;

 

 (ii)       after sub-para (f), the following shall be inserted, namely:-

“(g)      any construction project falling under entry 31 of Schedule-I including new townships, industrial townships, settlement colonies, commercial complexes, hotel complexes, hospitals and office complexes for 1,000 (one thousand) persons or below or discharging sewage of 50,000 (fifty thousand) litres per day or below or with an investment of Rs.50,00,00,000/- (Rupees fifty crores) or below.

 

(h)        any industrial estate falling under entry 32 of Schedule-I including industrial estates accommodating industrial units in an area of 50 hectares or below but excluding the industrial estates irrespective of area if their pollution potential is high. 

 

Explanation.–

 

(i)                  New construction projects which were undertaken without obtaining the clearance required under this notification, and where construction work has not come up to the plinth level, shall require clearance under this notification with effect from the 7th day of July, 2004.

 

(ii)                In the case of new Industrial Estates which were undertaken without obtaining the clearance required under this notification and where the construction work has not commenced or the expenditure does not exceed 25% of the total sanctioned cost, shall require clearance under this notification with effect from the 7th day of July, 2004.

 

(iii)               Any project proponent intending to implement the proposed project under sub-paras (g) and (h) in a phased manner or in modules, shall be required to submit the details of the entire project covering all phases or modules for appraisal under this notification”;

 

II. in Schedule-I, after item 30 and the entry relating thereto, the following shall be inserted, namely:-

“31. New construction projects

  32. New industrial estates.”; 

 

III. in Schedule-II, -

(i) in para 5, for sub-para (f), the following shall be substituted, namely:-

“(f)(i)          The quantum of existing industrial effluents and domestic sewage with incremental load to be released in the receiving water body due to the proposed activities along with treatment details;

 

(ii)        The quantum and quality of water in the receiving water body before and after disposal of solid wastes including municipal solid wastes, industrial effluents and domestic sewage;

 

(iii)               The quantum of industrial effluents and domestic sewage to be released on land and type of land;”;

 

(ii) in para 6, for sub-para (a), the following shall be substituted, namely:-

“(a)      Nature and quantity of solid wastes generated including municipal solid wastes, biomedical wastes, hazardous wastes and industrial wastes.”.

 

 

 

[No. Z-11011/1/2002-IA-I]

R. Chandramohan, Jt. Secy.

 

 

Note:   The principal notification was published in the Gazette of India vide number S.O.60 (E) dated 27-1-1994 and subsequently amended vide:

1)                  S.O. 356 (E) dated 4th May, 1994,

2)                  S.O 318 (E), dated 10th April, 1997,

3)                  S.O. 73 (E) dated 27th January, 2000,

4)                  S.O. 1119 (E) dated 13th December, 2000,

5)                  S.O. 737(E) dated 1st August, 2001,

6)                  S.O.1148 (E) dated 21st November, 2001,

7)                  S.O. 632 (E) dated the 13th June, 2002,

8)                  S.O. 248 (E) dated the 28th February, 2003,

9)                  S.O. 506 (E) dated the 7th May, 2003,

10)              S.O. 891(E) dated the 4th August, 2003,

11)              S.O. 1087(E) dated the 22nd September, 2003.