Clearances Required Under Environment Acts For Highway Projects
S.S. Juneja, FIE (Env.), Engineer in Chief H.P. P.W.D. (Retd.)

Preamble
Environment Security and development progress are perceived as necessary requisites for sustainable economic growth of any country. The concepts of environmental issues have undergone qualitative changes in recent years and real advances for bringing about a well developed framework came only after the UN Conference on Human Environment held in Stockholm in 1972. Thereafter an extensive network of Environmental Legislation has come up and water (Prevention and Control) of Pollution Act 1972 and Air (Prevention and Control) of Pollution Act 1981 were notified. Environment got further impetus in India in 1984 after Bhopal disaster. A full fledged Ministry of Environment and forests (MOEF) was established in 1985. An Umbrella Legislation, “The Environment (Protection) Act 1986 (EPA) was enacted, designed to provide a frame work for the co-ordination of Central and State authorities established under the water (Prevention and Control) of Pollution Act 1974 and Air (P&C) of Act 1981. It extends to whole of India. The Central Government issues relevant notifications under the EPA from time to time for the protection of Environment and ecology of sensitive areas and also issues guidelines for such matters. Such Comprehensive Acts & Rules framed, obviously places greater responsibility on planners and investors to choose ecologically feasible technologies, environmentally compatible options and alternatives for the maximisation of economic benefits without compromising the Environment and eco-system.
Certain restrictions and prohibitions were imposed on new projects being undertaken in any part of India, unless prior environmental clearance has been accorded in accordance with National Environment Policy, including Highway under Environment Protection Act 1986 vide MOEF notification dated 27th January 1994, based on their environmental impacts as indicated in the schedule to the notification dated 27th January 1994. A further notification was issued by MOEF on 14th September 2006. This notification was amended on 1st December, 2009. As per 2009 amendment following Highway projects need prior Environment clearances from Central or State authorities so prescribed. The detail EIA notification 2006 as amended in 2009 so far as Highways are concerned is reproduced as under.