Environment ministry rules to address 2 firms claiming same site

The Union environment ministry today issued a note on what is to be done two or more companies claim the same project site. This follows a case where two thermal power companies applied for environmental clearance at the same site.

“To prevent confusion while granting environmental clearances to such projects, we have come up with the guidelines,” said a ministry official. The note says the rules are needed to avoid litigation at a later date. The note outlines three situations that may arise while considering such cases.

In the case of more than one proposal for the same land, all the projects will be kept on hold. A proposal is to also be frozen if it asks for terms of reference (Tor, first stage of clearance) involving land for which a Tor has already been prescribed to some other project. The project for which a Tor has already been prescribed is to also be kept pending. So will a proposal for prescribing Tor involving land for which environmental clearance (EC) had already been granted to some other project.

In all above scenarios, a written communication would be sent to the chief secretary of the state concerned state, requesting comments. Only after such formal advice is received would the Expert Appraisal Committee of the ministry consider the project.

In the third case, when a proposal comes for land on which clearance has been already granted, a communication is to be sent to the latter party on the land claim made by the other proponent.

“Project implementation at this juncture would be at the risk and cost of the project proponent to whom the clearance had been granted,” says the guideline.