The Environment Protection Act 1997 makes it mandatory for developers of large scale project to complete EIA study before starting construction works. The EIA study is carried out to assess the possible impacts of the project on environment, social and economic aspects in the project sites and devise measures to mitigate such impacts.[break]
The NPBCL has announced November 11 as the ground-breaking day for the 58-kilometer highway that links Kathmandu with Tarai. The company had announced the date by issuing a press release on September 24 after its annual general meeting.
“The day is appropriate in every way to begin project and construction will proceed continuously thereafter,” the release reads.
However, all three concerned ministries told this daily that the company has not carried out EIA study for the project. The company has only received permission to begin EIA study with approved Terms of Reference (TOR) and scoping document in January from the Ministry of Science, Technology and Environment (MoSTE).
It is impossible for the company to get the EIA study report approved before the declared date it has yet to submit its report to the Ministry of Physical Infrastructure and Transport (MoPIT) -- a line ministry.
As per the existing rules, the company has to first submit EIA study report to MoPIT. The MoPIT will then forward the report with well explained mitigating measures to the MoSTE for final approval.
The MoPIT officials say it takes about two to three months to study the EIA report with experts. Likewise, MoEST officials said they will take about four to five months to evaluate the document, incorporate the suggestions of the experts and display the report at the community level for 35 days in places affected by the project
According to NPBCL, the project is estimated to cost Rs 34.5 billion.
Top officials of MoPIT say the project can have severe environment impacts if not duly mitigated.
The project is a complex infrastructure project with three tunnels up to 3.4 km in length, cut slopes of up to 70 meters and 15 bridges, among others.
Talking to this daily on Friday, Kush Kumar Joshi, president of NPBCL, claimed that the company has already got the EIA study report approved from the MoSTE and Ministry of Forest and Soil Conservation (MoFSC).
“Some works on EIA are remaining. They can be done during the time of land acquisition,” Joshi maintained.
However, officials of MoSTE and MoFSC told this daily that they have not issued EIA approval for the company. Yagyanath Dahal, spokesperson for MoFSC, said the ministry has not issued EIA approval to the company. “We have only permitted the company to conduct EIA study,” he added.
Hari Kumar Shrestha, joint secretary of MoSTE, said approval of EIA study report is a must to begin construction of any highway.
According to Clause 18 of the Act, authorized officials can declare immediate closure of the construction works if developer starts construction without EIA approval from MoSTE. The Clause further says, “And the officials or the concerned company will also be penalized up to Rs 100,000 according to the degree of offence."
MoPIT Secretary Tulasi Prasad Sitaula denied to comment on the issue.
EIA report of Madan Bhandari University prepared