4.2 Evolution of EIA in India
Although EIA of twenty-nine categories of development projects became mandatory in India only in 1994, EIA was required since 1982 for all new public sector projects seeking investment from the Public Investment Board (PIB). An executive order, the so-called PIB rule, was issued for the purpose.

After 1972, many measures were adopted to restructure the environmental management procedures in India. Such measures included passage of various Acts, which culminated with passing of the Environment (Protection) Act 1986, an enabling umbrella legislation, by the Indian Parliament. The Environment (Protection) Act 1986 empowers the Central government to frame Rules and Regulations and to prescribe standards. Section 3 of the Act empowers the Central Government to take all such measures as may be necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. Other important sections in this regard are the sections 6 and 25. Under section 6 of the Act the Central Government is vested with the power to make rules in respect of all or any of the matters referred to in section 3. That is, power given under section 6 is limited to framing of rules to regulate environmental pollution. This necessitated inclusion of another section, the section 25, under which the Central Government may, by notification in the official gazette, make rules for carrying out the purpose of the Environment (Protection) Act, 1986. In exercise of these powers, in November 1986, the Central Government made the Environment (Protection) Rules, 1986. These Rules lay down, among other things: -
1. Standards for emission or discharge of environmental pollution.
2. The factors to be taken into consideration (by the central government) while prohibiting or restricting the location of industries and carrying on of processes and operations in different areas.
3. The procedure to be followed (by the central government) while prohibiting or restricting the location of industries and carrying on of processes and operations in an area.

Under these Rules the Central Government is generally required to notify its intention to impose any prohibition or restrictions and allow filing of objections by any person within sixty days from the date of publication of the notification of the intention in the official gazette. It is mandatory for the Government to consider all objections received within the stipulated period (60 days). Within a period of 365 days from the date of publication of the notification in the official gazette, the central government (after giving due consideration to all objections received) may impose prohibition or restrictions on location of such industries and the carrying on of any process or operation in an area. On 28th January 1993, the Central Government published its intention to impose restrictions and prohibitions on the expansion and modernisation of any activity or new projects being undertaken in any part of India unless environmental clearance has been accorded by the Central Government or the State Government. The notice also specified the intended procedure to be followed for obtaining the environmental clearance.

Many objections were received and significant changes in the proposed procedure for obtaining environmental clearance were incorporated in the 'Notification on Environmental Impact Assessment of Development Projects' published on 27th January 1994. The Notification was revised and an amended notification was issued on 4th May 1994. This Notification is popularly called the 'EIA Notification 1994'. Under the provisions of this notification expansion or modernisation of any activity or a new project listed in schedule-I of the notification cannot be undertaken in any part of India unless environmental clearance for the same has been granted by the Central Government. The project proponent makes application for environmental clearance to the Secretary, Ministry of Environment and Forests, New Delhi. The application must accompany, among other things, an EIA Report/Environmental Management Plan prepared in accordance with the guidelines issued by the Ministry of Environment and Forests.

Schedule I of the notification provide a list of twenty-nine projects requiring environmental clearance from the Central Government. Singh et al. (1994) categorised these projects into the following nine sectors: -
Industries
Mining
Thermal Power Plants
River Valley
Ports, Harbours and Airports
Communication
Atomic Energy
Transport (Rail, Road, Highway)
Tourism (including hotels, beach resorts)

All development projects to be located in an area declared to be ecologically fragile/sensitive require to obtain environmental clearance irrespective of the fact whether they are included in the schedule I of the EIA notification or not.

Industries in the petrochemical, rubber, cement, paper and some other sectors are exempted from obtaining environmental clearance if an investment of less than fifty crore rupees is involved. Similarly in all other sectors, except tourism, mining, and tarred roads in Himalayan and/or forest areas, no environmental clearance is required if an investment of less than one crore rupees is involved. All tourism projects located in coastal or high altitude areas require environmental clearance if an investment of more than five crore rupees is expected.

All mining projects (major minerals) with leases more than 5 hectare are to obtain environmental clearance. Moreover, mining being a site-specific industry, separate site clearance is to be obtained. For mines with leasehold areas of five hectares or less, both 'environmental clearance' and 'site clearance' may be granted by the State Government concerned provided the area is not ecologically sensitive. However, the author is not aware of any system of environmental clearance established by any state till date.

From the above discussions it is clear that coal mines having a leasehold area of less than five hectares of land do not require any environmental clearance. In the non-coal mining sector, although no environmental clearance is required from the Central Government the statutory requirements under MCR to get a mining plan with integrated environmental management plan approved make EIA study a necessity.