30/07/2016
Trivandrum Development Front (TDF) had attended different meetings held in connection with the public hearing process for Vizhinjam EIA clearance. With the available knowledge, the post from Harish Vasudevan Sreedevi regarding allegation of "Re-selling" the EIA clearance seems unfactual.
1.It is apparent from the clause 11 of EIA notification 2006; EIA Clearance cannot be “RESOLD” but CAN BE TRANSFERRED TO THE ENTITY who undertakes the project.
“A prior environmental clearance granted for a specific project or activity to an applicant may be transferred during its validity to another legal person entitled to undertake the project or activity on application by the transferor, or by the transferee with a written “no objection” by the transferor, to, and by the regulatory authority concerned, on the same terms and conditions under which the prior environmental clearance was initially granted, and for the same validity period. No reference to the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned is necessary in such cases.”
Considering the above clause; the transfer is legal. It would be good to know if it is otherwise.
TRANSFER BEING LEGAL
2. By transferring, the environmental obligation as part of the environmental clearance are transferred or obligated to the Concessionaire. By doing so cost and liability is transferred and not any monetary gains
3. Now, it is duty of the the concessionaire to comply with the conditions of EC as per the signed concession agreement. For this to be effective, the EC has to be transferred to the concessionaire, or else they could not be held responsible for lapses, if any, on this account in the future.