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Environment Impact Assessment
Introduction Environmental Impact Assessment (EIA) is a system for identifying and introducing measures to prevent environmental adverse impacts caused by development project. EIA could be an effective instrument to achieve sustainable development. The concept of sustainable development was introduced at United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil in 1992. Principal 4 of the Rio Declaration, stated “In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it”. principal 17 stated that “Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have significant adverse impacts on the environment and are subjected to a decision of a competent national authority”. In other words, integration of environmental consideration into any development project is required and EIA is the system to achieve the goal. For this reason, EIA has become increasingly significant in recent years. EIA & World Economy Developing countries face a dilemma that had been common with developed nations once experienced during the days of rapid economic growth. The pressure to escape poverty creates more demands for continual economic development, regardless of the grave pollution and destruction on natural environment and emerging of global environmental problems. Recently, developed countries and international donor agencies increasingly demand developing countries for environmental considerations when providing development assistance. With these backgrounds, many developing countries have already introduced EIA systems. Demand to introduce and implement EIA system is seeking the equilibrium for sustainable development. In Japan, many experts go to developing countries to collaborate with them and facilitate technology transfer to preserve environment. This efforts plays a main pillar in the international cooperation activities of the environmental protection field in Japan. The origin of Environmental Impact Assessment system started with the enactment of the National Environment Policy Act (NEPA) in 1969 by the U.S. Japanese cabinet adopted EIA in the first half of the 1970’s and promulgated the environmental impact assessment law in June 1997, being the last to establish the law among the OECD members. It was requested that Environmental Impact Assessment should be applied to the projects implemented by Japanese industries and official development assistant (ODA) in overseas countries, to ensure proper environmental consideration. EIA & Growth in Real Estate The rapid urbanization and increase in population resulted in the depletion and degradation of natural resources. Industrial expansion lead to the increase in the job potential and trade prospects in large cities, which attracted the rural population to migrate to cities and this, further converted the cities into major slums and concrete jungles. Number of slums are increased in metropolitan cities due to acute shortage space for housing. Development exerted pressure on the basic amenities and increased traffic congestion in the cities. Lack of in adequate sewerage treatment facilities, drinking water, encroachment of open spaces, littered garbage in the streets, polluted coastal seawaters are some of the evils of modern urban environment. The water in the rivers became unfit for human consumption due to the constant flow of untreated sewerage and effluents. The incidence of air borne and water borne diseases increased in the population due to the deterioration of air and water quality. The following are the problems that rise due to rapid development of real estate and urbanization of cities: Slums and Population Slums are continuing to increase and the housing is dwindling due to influx of rural population into urban areas in search of some means of subsistence livelihood they are not able to find a dwelling place. Most of the dwelling places have no civic facilities like water supply, supply, drainage, roads, transport etc. this conditions lead to many social evils and health problems in the slum areas. Slum dwellers face unhygienic environmental conditions, social, economic, health, educational and cultural problems. The children living in the slum area started suffering from malnutrition, and water borne diseases like diarrhea. Slum dwellers and those living in the areas without proper water and other supplies dispose of their wastes is unplanned ways that contaminate water and air. Housing should not be taken as an isolated issue but it is interrelated with many aspects. There is need to carry out studies about planning in terms of physical space with reference to services, supplies and transport. Air pollution The present problem of urban air pollution is everywhere in the globe and it is gradually taking a serious dimension and becoming a more fatal with the emission of new pollutants every day especially due to ever increasing industrial activities. With increasing number of households and thus cars these days, air pollution becomes more serious. Water Pollution in third world and developing countries rapid urban often lead to pressurize the water supply system. The growing population is facing acute shortage of water is depleting due to excess water consumption. Ground water table is getting contaminated due to seepage of wastewater and industrial effluents. Seepage of organic materials into ground water sources from sanitary landfills and from areas with poor sanitation especially in slums and other underdeveloped areas. The polluted water causes various skin infection in children and adults who take bath in the polluted streams. Noise Pollution Noise generated in urban areas can affect large number of population, both in physical and psychological. Chronic over stimulated has pathological consequences and level of environmental stimulation greater than the optimum is clearly harmful to health resulting in the so called diseases of adaptation. Small children and young people are today found to be afflicted with hearing impairment for no fault of their own. The menace of noise pollution can only be controlled by strict execution of the legislative steps already available. Solid Waste Municipal solid waste (MSW) collection and disposal has been problem in the cities. Solid wastes can be broadly classified into organic and inorganic wastes. Inorganic wastes are further classified as recyclable and non- recyclable ones. Average waste generation ranges from 1000-2500 metric tones/day in the urban areas. Unorganized dumping of solid waste contaminates the ground and surface water sources and gives out a foul smell to the neighboring areas. Generally only 60% is collected by the urban local bodies or municipal authorities and disposed off unscientifically, the rest 40% remains in around the locality, which finally find their way to open drains, roads and water bodies and enhances the pollution level of the urban environment, besides, it results in degradation of health and impoverishment of aesthetic beauty of the city. Indian Scenario The EIA Notification The process is governed by the Environment Impact Assessment (EIA) notification under the environment protection act. The union environment ministry, by a way of a notification has made an environment impact assessment mandatory for large housing projects. The environment clearance process of the MoEF is the only process available in the country to understand environmental and social impacts of development projects/activities. The environment impact assessment notification (amended July ’04) used in October 2003, states that all housing projects with an investment of Rs 50 crore that discharge over 50,000 liters of sewage a day, will have to get clearance from the union environment agency after conducting a public hearing for the same. This is applicable to housing projects that accommodate 1,000 or more persons. This means that housing projects that fall into this category will have to call for objections and suggestions from the project hit people for which the ministry has laid down the procedure. There are 32 kind of activities identified in schedule I of the EIA notification that need to obtain environmental clearance from the MoEF. Clearance Process As part of the clearance process, the detailed reports of these projects are assessed by one of the seven expert committees depending on which category they fall under – industrial projects, thermal projects, river valley and hydroelectric projects, mining projects, nuclear projects, infrastructure and miscellaneous projects and new construction projects and industrial estates. The basic purpose of this process thus has been to see that there is a balance between development and destruction of the environment safeguarding which has been the prime objective of the MoEF. The developer or builder will first have to approach the state pollution monitoring body, which is the Maharashtra Pollution Control Board (MPCB) in case of the state of Maharashtra. This agency will then issue advertisements calling for suggestions and objections that will be followed by a public hearing. Once through, the state level agency will forward its environment impact assessment report to the union environment ministry in Delhi. The central body will grant or deny permission for the projects. According to the ministry, though the entire process needs to be completed in 60 days. In reality it takes much more time than stipulated. This resulting in cost and time overruns, the housing industry has pointed out. The real issue is public hearing which take a lot of time. Reaction of Developers Developers fell that this notification will set back the development of Indian cities as almost all the housing projects, including those in the suburbs cost over Rs 50 crore. Apart from residential apartments, slum development schemes, commercial properties and resettlement complexes will be unnecessarily delayed. The first few reactions came from the financial capital of the country, Mumbai. Developers reacted by pushing that the land prices in the city are very so the Rs 50 crore limit is too low for the city. On its part, the Maharashtra Chambers of Housing Industry, an umbrella body of the real estate sector, has also raised the issue with the centre. The MCHI has already lodged a strong protest against the Union Ministry of Environment and forest notification claiming that the new rule is detrimental to the interest of the real estate sector. Case study – The NTC Mill Land Story, Central Mumbai Detailed events & facts Post shutting down of the textile mills, there has been a controversy over the use of 600 acres of mill land at the heart of the city of Mumbai for more than a decade now. A significant ruling by the Bombay High Court, the city may soon get back 600 acres (240 hectares) of public land that was close to being plundered by real estate sharks. After the months of hearings, the High Court reinstated the development control rule (DCR) 58 of 1991, which was altered in 2001 to allow large scale development on mill land. In addition, the court struck down the resale of five pieces of mill land belonging to the National Textile Corporation (NTC) in 2005. Essentially, the judges upheld a public interest petition by the Bombay Environment and action group (BEAG) that challenged the state governments amendment of DCR-58, which they said only, benefited mill owners and the builders lobby. The court accepted the BEAG’s plea that the modified rule was arbitrary, illegal and unconstitutional. By changing the definition of the open land, it deprived the city of much needed green space, said the court. The DCR-58 better known as the one-third formula – issue goes back to 1991, meaning:
The rule was later amended to DCR-58 (I), which stated: Only land that is vacant on mill properties – that is with no built-up structure – would be divided by the one third formula. Impact By 2005, plenty of construction activity was taking place on various mill properties. Residential towers, plush hi-tech office complexes and shopping malls began mushrooming across the area. Chancing on the opportunity to make a good sale, the NTC put up five of its properties for sale. Each sold for prices never heard before. The sale of Mumbai mills to the Delhi-based DLF group for Rs 702 crores was perhaps the biggest real estate deal ever in the country. While the high court has handed down a far reaching judgment, which goes in favour of the city, it once again brings to the surface of the need to address several larger issues that plague Mumbai, such as housing for the poor and low-income groups, open and green spaces for public use and basic infrastructure to support the burgeoning metropolis. If the supreme does not reserve the judgement, several buildings that have come up or are coming up could be knocked down. Urban planners, non-governmental organisations, concerned citizens and even a few law makers have pleaded with successive governments to work out a holistic plan for Mumbai. Several plans are being presented to the governments. Suggestions: Implementation Measures The importance of impact assessment of real estate projects on the environment cannot be underestimated. The need of the hour is thus to identify the loopholes in the process fill up the gaps and chalk out a road map in consultation with the various interest groups to ensure a sustainable environment. Designing a viable role for EIA in sustainable developments warrant of the following implementation measures:
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