The myth of conditional clearances

On September 17, 2009, the Ministry of Environment and Forests opened for public comments a discussion paper on the proposed National Environment Protection Authority. One justification behind the requirement of the NEPA is MoEF's own admission that it does not have the capacity to adequately assess project clearance and monitor the conditions laid out in the process. To strengthen their support for NEPA, the MoEF took note of Planning Commission reports and the findings of two NGO studies; one by Kalpavriksh on the monitoring and compliance of environment clearance conditions and the other by the Centre for Science and Environment on the functioning of Pollution Control Boards. The Ministry's discussion note states that there is currently a fatigue in setting up new institutions, yet it goes on to recommend a new body that could perform several roles presently executed by the Ministry. The NEPA discussion paper selectively picks certain reports and studies and portrays the issue as being that of institutional capacity to handle environment clearances and monitor the conditions set out therein.