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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-03082024-256042
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
[No. 2957]
NEW DELHI, FRIDAY, AUGUST 2, 2024/SHRAVANA 11, 1946
4829 GI/2024
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, 2nd August, 2024
S.O. 3099 (E).-Whereas, the Central Government proposes to issue following draft
notification 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), as required under sub-rule
(3) of rule 5 of the Environment (Protection) Rules, 1986, for the information of the public likely
to be affected thereby; and notice is hereby given that the said draft notification shall be taken into
consideration on or after the expiry of a period of sixty days from the date on which copies of the
Gazette containing this notification are made available to the Public;
Any person interested in making any objections or suggestions on the proposal contained
in the draft notification may forward the same in writing for consideration of the Central
Government within the period so specified to the Secretary, Ministry of Environment, Forest and
Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110 003, or send
it to the e-mail address at [email protected].
Draft Notification
Whereas, the Environment Impact Assessment (EIA) Notification of the Government of
India in the erstwhile Ministry of Environment and Forest vide number S.O. 1533 (E), dated the
14th September, 2006 was published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (ii), regarding requirement of prior Environmental Clearance (EC) for the projects
covered in its schedule (hereinafter referred to as the said notification);
And whereas, the Central Government vide Notification S.O. 1224 (E) dated 28/03/2020
amended Appendix-IX of the said Notification to inter-alia provide exemption from obtaining
prior EC for extraction or sourcing or borrowing of ordinary earth for linear projects such as roads,
pipelines, etc., and for dredging and desilting of dams, reservoirs, weirs, barrages, river and canals
for the purpose of their maintenance, upkeep and disaster management, vide item 6 & 7.
And whereas, the Hon'ble NGT, vide order dated 28/10/2020 in OA No. 160 of 2020 titled
Noble M Paikada vs. Union of India, directed the Ministry to revisit the impugned notification
dated 28/03/2020 within three months.
And whereas, in compliance of the order of the Hon'ble NGT to revisit the impugned
notification, the matter was placed before the concerned Expert Appraisal Committee (hereinafter
referred to as EAC), Non-Coal Mining and EAC, River Valley and Hydro-electric projects,
Ministry of Environment, Forest and Climate Change for deliberations. Based on the
recommendations of the EAC, the Ministry issued Office Memorandum dated 08/08/2022 to
clarify the applicability of the EIA Notification, 2006 for the excavation of Ordinary earth from
borrow area for linear projects and issued a Standard Operating Procedure (SoP) for borrow area
identification, its operation, safety, environmental safeguards to be observed and redevelopment.
Further, vide OM dated 12/07/2023 a clarification was issued regarding the exemption from EC
provided vide Notification S.O. 1224 (E) dated 28/03/2020 for dredging and de-silting of dams,
reservoirs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and
disaster management.
And whereas, the petitioner filed a Civil Appeal No. 1628-1629/2021 titled Noble Paikada
vs Union of India & Ors., before the Hon'ble Supreme Court and based on the hearings in the
matter, the Central Government vide Notification S.O. 3840 (E) dated 30/08/2023 amended the
provisions of item 6 & 7 of Appendix-IX to the said Notification, stating that the exemption
provided shall be subject to the compliance of standard operating procedures and environmental
safeguards issued in this regard from time to time. Further, the Central Government also issued an
Office Memorandum dated 21/08/2023, with specific directions to the regulatory authorities to
enforce the Standard Operating Procedures and environmental safeguards provided vide Office
Memoranda dated 08/08/2022 and 12/07/2023.
And whereas, the Hon'ble Supreme Court vide its judgment dated 21/03/2024 in Civil
Appeal Nos 1628-1629 of 2021 Noble M. Paikada Vs Union of India has struck down item 6 of
the substituted Appendix-IX forming part of the Notification S.O. 1224 (E) dated 28/03/2020 and
S.O. 3840 (E) dated 30/08/2023 inter-alia on the grounds that the Notification dated 28/03/2020 is
vague and doesn't define "linear projects" thereby making it unclear as to which projects qualify
under the provisions of the aforesaid Notification and that it does not also specify the area from
which and the amount of ordinary earth that can be removed etc. Further, the Hon'ble Supreme
Court quashed the amendment S.O. 3840 (E) dated 30.08.2023 on the grounds that the authority
for deciding whether a linear project is covered by item 6 and the authority for issuing SOP and
safeguards were not specified and the provision to enforce these SOP and safeguards, and the
quantum of earth that can be extracted etc., had also not been specified.
And whereas, the Central Government has examined the matter in consultation with the
concerned Ministries and Experts and addressed all the issues highlighted by the Hon'ble Supreme
Court vide its judgment dated 21/03/2024 mentioned above with regard to exemption of extraction
or sourcing or borrowing of ordinary earth for linear projects such as roads, pipelines, etc., from
prior EC.
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 of the
Government of India in the erstwhile Ministry of Environment and Forests, number S.O.1533(E),
dated the 14th September, 2006, namely: -
In the said notification, in Appendix-IX-
(a) for serial numbers 6 and the entries relating thereto, the following serial number and entries
shall be substituted, namely:-
6. Extraction or sourcing or borrowing of ordinary earth for the linear projects subject to
the mechanism provided in Appendix XIV.
(b) after Appendix-XIII, the following Appendix XIV shall be inserted, namely:-
Appendix XIV
(See serial number 6 of Appendix IX)
A. Definition and applicability of environmental safeguards for extraction or sourcing or
borrowing of ordinary earth in lieu of prior Environmental Clearance (EC)
(I) Definition of linear projects
For the purpose of this Notification, linear projects are defined as Roads and Highway project
covered under item 7(f) and pipelines covered under sub para (ii) of item 1(a) and 6(a) of the
schedule of this Notification.
(II) Applicability of environmental safeguards for extraction or sourcing or borrowing of
ordinary earth for linear projects in lieu of prior Environmental Clearance and which require
extraction/sourcing/borrowing of ordinary earth above the threshold of 20,000 cu.m.
Linear projects as defined above, which are not required to obtain prior EC shall follow the
Standard Operating Procedure (SOP) provided in this Appendix for extraction or sourcing or
borrowing of ordinary earth, in lieu of prior Environmental Clearance (EC). The required
environmental safeguards for extraction or sourcing or borrowing of ordinary earth for the linear
projects that attract the requirement of prior EC, shall be prescribed by the concerned Expert
Appraisal Committee at the Centre or the State level as the case may be, at the time of appraisal
of such linear project for grant of EC and the same shall be included in the EC granted for such
linear project.
B. SOP for extraction or sourcing or borrowing of ordinary earth above the threshold of 20,000
cu.m by the project proponents of linear projects for which prior EC is not applicable
(I) Authority to decide the quantum of ordinary earth that may be extracted:
i. The following committee shall decide the optimum quantum of ordinary earth that shall be
extracted for a particular project based on the different criteria mentioned in para II below:
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------+
| Description | Designation |
+================================================================================================================================================================================+===================+
| (i) SDM, if the project is restricted to one sub-division | Chairman |
| (ii) District Collector or his authorised representative not below the rank of a district level Officer, in case the project is spread in more than one sub-division | |
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------+
| District Forest Officer or his nominee | Member |
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------+
| Officer from State Pollution Control Board as authorized by the Chairman, SPCB | Member |
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------+
| Assistant Director or Deputy Director or District Mines Officer or Geologist in the district in that order | Member- Secretary |
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+-------------------+
ii. The Project proponent of the linear project, which requires extraction, sourcing, borrowing of
ordinary earth, shall make an application in the format prescribed below to the above mentioned
Committee for the required quantity of ordinary earth. The Committee shall examine the request
taking into account the following criteria and shall inform the project proponent about the
permissible quantity of ordinary earth which can be extracted from one or more identified sites
within 45 days from the date of receipt of the application in the following format:
FORM 2M
Format for making application to the Committee for deciding the quantum of ordinary earth
that may be extracted for linear projects and also uploading on PARIVESH
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| No. | Description |
+=====+=================================================================================================================================================================================================+
| 1. | Details of project: Name of the project; Name of the Company / Organization; Registered Address |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| 2. | Address for the correspondence: Name of the project proponent; Designation; Address; Postal Index Code; e-mail ID; Mobile No.; Fax No., etc. |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| 3. | Type of the linear project as per schedule: |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| 4. | Location of the linear project: Plot / Survey / Khasra number; Village; Tehsil; District; State; Pin Code; Latitudes and Longitudes of the project/activity site; Survey of India Topo Sheet |
| | number; Copy of Topo Sheet; |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| 5. | If project is executed in multiple States/UTs, details thereof: Number of States/UTs in which project will be executed; details of all the States/UTs where the project is located |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
| 6. | Whether the project proposed to be located in border states: (Yes/No) if yes details thereof |
+-----+-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
7. Location of the site(s) from where the borrow earth is to be extracted: Plot / Survey /
Khasra number; Village; Tehsil; District; State; Pin Code; Latitudes and Longitudes of
the site; Survey of India Topo Sheet number; Copy of Topo Sheet; Distance in
metre/kilometre
8. Total ordinary earth requirement (in cu m.):
+----------+----------------------------+-----------------+--------------------------------------------------------------------------+-----------------+---------------------------------+
| Location | Type of material | Quantity per | Distance of the site of extraction from the project site where the | Mode of | Method/Equipment used for |
| | (sand/clay/ ordinary earth)| day (In tonnes) | material shall be used (in kms) | Transport | extraction |
+==========+============================+=================+==========================================================================+=================+=================================+
| Site 1 | | | | | |
+----------+----------------------------+-----------------+--------------------------------------------------------------------------+-----------------+---------------------------------+
| Site 2 | | | | | |
+----------+----------------------------+-----------------+--------------------------------------------------------------------------+-----------------+---------------------------------+
| Site 3 | | | | | |
+----------+----------------------------+-----------------+--------------------------------------------------------------------------+-----------------+---------------------------------+
9. Total number of borrow pits:
10. Planned length of Haul Roads (m):
11. Area of land earmarked for stockpile (sqm):
12. Details of stacking arrangement along with safeguards
13. If Forest Land involved: Yes/No
If yes, In-Principle (Stage-I) Approval Obtained: Ministry file number; Date of In-
Principle (Stage-I) approval; Area diverted;
If Final (Stage-II) Approval Obtained: Ministry file number; date of final approval; area
diverted
14. Tree cutting, if any: No. of trees cut for the project (if Forestland not involved); and
details of tree cutting and planting of trees
15. Present Land Use breakup in Ha [Agriculture Area; Waste/Barren Area; Grazing/
Community Area; Surface Water bodies; Settlements; Industrial; Forest; Mangroves;
Marine area; Others (Specify); and Total]
16. Land Ownership Pattern (Prior to the proposed extraction of borrow earth) in Ha
[Forest land; Private land; Government Land; Revenue land; Other Land; Total Land]
◆ Owned ◆ Leased
If leased, details thereof Attach agreement with owner as Annex
Layout plan Attach drawings as Annex
17. In case of linear project being located in CRZ area: Recommendation of State Coastal
Zone Management Authority; Copy of the CRZ clearance for the linear project.
18. Details of Reclamation: Total Afforestation Plan
19. Ecological and Environmental Sensitivity (Within 10 Km of site of borrow earth
extraction):
Details of Ecological Sensitivity
+-------------------------------+-------------------------+-----------------------------------+----------+
| Details of Ecological Sensitivity | Name | Distance from the site (Km) | Remarks |
+===============================+=========================+===================================+==========+
| | | | |
+-------------------------------+-------------------------+-----------------------------------+----------+
Ecological Sensitivity:(Critically Polluted Area, Severely Polluted Area, Protected
area, Eco Sensitive Zones, Wildlife corridors, etc.)
Name of the project proponent
Signature
Date
(II) Criteria / Environmental safeguards to be followed by the project proponent of linear
projects for which exemption for extraction or sourcing or borrowing of ordinary earth is
applicable
(i) General safeguards to be observed:
The contractors normally identify the borrow area locations in consultation with the individual
owners in case of private lands and the concerned department in case of government lands, after
assessing suitability of the material. Borrow area shall generally not be from cultivable land and
it shall be preferably from barren land, silted ponds and other government lands.
If the government revenue authorities so decide in larger public interest to create ponds and water
bodies especially in a water stressed/scarce area, then in such cases, the borrowed earth can be
used by the user agencies of highways sector for the purposes of embankments.
a. Borrowing to be avoided on the following areas:
i. Lands close to toe line;
ii. Irrigated agricultural lands. In case of necessity for borrowing from such lands, the topsoil
shall be preserved in stockpiles;
iii. Grazing lands;
iv. Up to one kilometer from environmentally sensitive areas such as Reserve Forests,
Protected Forests, Sanctuary, National Parks, Conservation Reserve, Wetlands etc;
v. Unstable side-hills;
vi. Water-bodies;
vii. Streams and seepage areas;
viii. Areas supporting rare plants/ animal species;
ix. Ensure unsuitable soft rock is not prominent within the proposed depth of excavation
which will render rehabilitation difficult.
b. Order of priority for sourcing borrow earth:
i. Cut material available from other road construction projects nearby, may be within.
ii. From dredging operations of ponds, lakes, rivers and canals after approval from the
competent authority.
iii. From barren land or land without tree cover outside the road RoW.
iv. By excavating land and creating new water tanks/ponds as choice of land owner and in
concurrence of local authority.
v. From excavation of proposed culverts and reuse of cut materials with in proposed RoW.
vi. Promoting circular economy by use of fly-ash (MoEF&CC Fly-ash Notification dated
31.12.2021), use of Inert Solid Waste from the Secured Landfills as per MoEF&CC
guidelines and use of Construction and Demolition Waste as per MoEF&CC guidelines.
vii. From agricultural land subject to the condition that the productive top-soil is stored
separately and its reuse for plantation and agriculture.
(ii) Specification of Area Fixed for Extraction:
a. The specification of area fixed for extraction which meets the tenets of sustainable
development in the highway sector is as under:
i. Borrow pits should be rectangular in shape with one side parallel to the centre line of the
road.
ii. No borrow pits should be dug within 5 m of the edge of the RoW, after making due
allowance for future development.
iii. To prevent the breeding of mosquitoes, where other conditions permit, borrow pits should
be well drained. To ensure efficient drainage, the bed level of the borrow pits should, as
far as possible, slop down progressively towards the nearest cross drain, if any, and
should not be lower than the bed of the cross drain.
iv. When it becomes necessary to borrow earth from temporarily acquired cultivable lands,
the depth of the borrow pits should not exceed 1.5 m. The top soil to a depth of 150 mm
should be stripped and stacked aside. Thereafter, soil may be dug out to a further depth not
exceeding 1350 mm and used in forming the embankment. The top soil should then be
spread back on the land. It is most important to adopt this practice when soil is borrowed
from rich cultivable land.
v. Guidelines/SOP as laid down in extant Construction Codes/Manuals regarding Borrow
pits shall be adhered to
(iii) Site Specific Measures:
a. Borrow Areas located in Agricultural Lands:
i. The preservation of topsoil will be carried out in stockpile.
ii. A 150 mm topsoil will be stripped off from the borrow pit and this will be stored in
stockpiles in a secured designated area for height not exceeding 2 m and side slopes not
steeper than 1:2 (Vertical: Horizontal).
iii. Preservation of Top Soil of 150 mm depth and its reuse for plantation and cultivation etc.
iv. Borrowing of earth will be carried out up to a depth of 1.5 m from the existing ground
level as per Sustainable Mining Management Guidelines, 2016 of MoEF&CC.
v. Borrowing of earth will not be done continuously throughout the stretch.
vi. Ridges of not less than 8 m widths will be left at intervals not exceeding 300 m.
vii. Small drains will be cut through the ridges, if necessary, to facilitate drainage.
b. Borrow Areas located on Elevated Lands:
i. The preservation of topsoil will be carried out in stockpile.
ii. A 150 mm topsoil will be stripped off from the borrow pit and this will be stored in
stockpiles in a secured designated area for height not exceeding 2 m and side slopes not
steeper than 1:2 (Vertical: Horizontal).
iii. Preservation of Top Soil of 150 mm depth and its reuse for plantation and cultivations etc.
iv. At location where private owners desire their fields to be levelled, the borrowing shall be
done to a depth of not more than 1.5 m or up to the level of surrounding fields.
c. Borrow Areas near Riverside:
i. Borrow area near to any surface water body will be at least at a distance of 15 m from the
toe of the bank or high flood level, whichever is maximum.
ii. The preservation of topsoil will be carried out in stockpile.
iii. A 150 mm topsoil will be stripped off from the borrow pit and this will be stored in
stockpiles in a secured designated area for height not exceeding 2 m and side slopes not
steeper than 1:2 (Vertical: Horizontal).
iv. Preservation of Top Soil of 150 mm depth and its reuse for plantation and cultivation etc.
d. Borrow Areas near Settlements:
i. The preservation of topsoil will be carried out in stockpile.
ii. A 150 mm topsoil will be stripped off from the borrow pit and this will be stored in
stockpiles in a secured designated area for height not exceeding 2 m and side slopes not
steeper than 1:2 (Vertical: Horizontal).
iii. Preservation of Top Soil of 150 mm depth and its reuse for plantation and cultivation etc.
iv. Borrow pits located in such location will be re-developed immediately after borrowing is
completed. If spoils are dumped, that will be covered with a layer of stockpiled topsoil in
accordance with compliance requirements.
e. Borrow Pits along the Alignment:
i. Borrow pits along the alignment shall be discouraged. If unavoidable the borrow should
be minimum 5 m distance away from the edge of the RoW.
ii. The preservation of topsoil will be carried out in stockpile.
iii. A 150 mm topsoil will be stripped off from the borrow pit and this will be stored in
stockpiles in a secured designated area for height not exceeding 2 m and side slopes not
steeper than 1:2 (Vertical: Horizontal).
iv. Preservation of Top Soil of 150 mm depth and its reuse for plantation and cultivation etc.
v. Ridges of not less than 8 m widths should be left at intervals not exceeding 300 m.
vi. Small drains shall be cut through the ridges to facilitate drainage.
vii. Also, no pit shall be dug within the offset width from the toe of the embankment required as
per the consideration of stability with a minimum width of 10 m.
(III) Submission of information
Information in FORM 2M with regard to extraction or sourcing or borrowing of ordinary
earth for the linear projects such as roads, pipelines to be submitted by the project proponent on
PARIVESH portal at least a fortnight before start of excavation. An acknowledgement shall be
generated along with the safeguards which shall be monitored by the Regional Office of the
Ministry. The copy of the FORM 2M submitted to the committee as mentioned at sub para B(I) of
this Appendix along with approval provided by the Committee mentioned above, for the extraction
of ordinary earth shall also be uploaded clearly mentioning the permissible quantity of ordinary
earth which can be extracted from one or more identified sites.
(IV) Re-development of Borrow Areas:
The objective of the rehabilitation programme is to return the borrow pit sites to a safe and secure
area, which the general public should be able to safely enter. Securing borrow pits in a stable
condition is fundamental requirement of the rehabilitation process. This could be achieved by
filling the borrow pit approximately to the road level.
a. The Borrow Areas will be rehabilitated by exercising suitable options as follows:
i. Borrow pits will be backfilled with rejected construction wastes (unserviceable materials)
compacted and will be given a turfing or vegetative cover on the surface. If this is not
possible, then excavation slope should be smoothened, and depression is filled in such a
way that it looks more or less like the original ground surface.
ii. During works execution, the Contractor shall ensure preservation of trees during piling of
materials; spreading of stripping material to facilitate water percolation and allow natural
vegetation growth; re-establishment of previous natural drainage flows; improvement of
site appearance; digging of ditches to collect runoff; and plantation may be carried out
wherever feasible or pit may be developed for water storage as per the Amrit Sarovar
Scheme of MoRTH.
iii. Appropriate endemic plant species for the planting programme should be selected in
consultation with the local Forest Department if the area is to be afforested. As seedlings
gets progressively established, they should be regularly monitored and mortality
replacement be carried out as and when required.
iv. The Contractor will keep record of photographs of various stages i.e., before using
materials from the location (Pre-project), for the period borrowing activities (Construction
Phase) and after rehabilitation (Post development), to ascertain the pre and post
borrowing status of the area. Contractor shall obtain approval from the executing agency
prior to closing the borrow area.
b. Development of Amrit Sarovar:
Under Amrit Sarovar Programme, water bodies are being developed by MoRT&H/ NHAI/ other
road developmental agencies and the desilting of existing water body is also being taken up for
water harvesting and re-charge or ground water. The earth available from development of such
water bodies is to be utilised for road works and plantations as per suitability of soil. The State
Authorities have already been advised not to levy any royalty for borrowing of earth for
development of water bodies under Amrit Sarovar Programme as this would serve as a major
milestone in the conservation of water resources and improvement of micro-climate of such areas.
It will also augment water availability especially in water stressed areas of the country besides
improving rural livelihoods and productivity. This pro- poor and environmentally friendly
endeavour will go in a long way in augmenting the water regime in the country. Besides, this will
ensure flow of number of ‘ecosystem services' for society in the course of development.
(V). Monitoring by Regional Offices of the Ministry of Environment Forest and Climate
Change
The concerned Regional Office shall carry out periodic monitoring before, during, and after
excavation of ordinary earth for the linear project to ensure that the necessary environmental
safeguards have been put in place as per the safeguards prescribed. The extraction of ordinary
earth for the linear project shall be monitored till the extraction is carried out. Once the
extraction activity is over, the site shall be redeveloped as mentioned above. The concerned
Regional Office of the Ministry shall inspect the site and provide a closure report after ensuring
the site has been redeveloped satisfactorily. The closure report shall be submitted online on
PARIVESH portal along with comparative pre & post photographs and after the same, monitoring
by the concerned Regional Office of the Ministry shall not be required. The project proponent
shall release the final payment to the contractor only after the closure report is duly submitted by
the Regional Office of the Ministry on the PARIVESH portal.
[F.No IA3-22/5/2024-IA.III]
Dr. SUJIT KUMAR BAJPAYEE, Jt. Secy.
Note: The principal notification was published in the Gazette of India, vide number S.O. 1533(E),
dated the 14th September, 2006 and was last amended vide the notification number S.O. 2215(E),
dated the 7th June, 2024.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
SARVESH KUMAR SRIVASTAVA
Digitally signed by SARVESH KUMAR SRIVASTAVA
Date: 2024.08.03 16:22:46
+05'30"
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