listed in the Schedule to the Notification, entailing capacity addition with change in process and/or technology shall be undertaken, only after prior environmental clearance from the Central Government or as the case may be by the State level EIA Authority, duly constituted by the Central Government u/Sec. 3(3) of the 1986 Act, is obtained. Para-2 of this Notification enjoins that all new projects or activities listed in the schedule to this Notification and expansion and modernization of existing projects or activities listed in such schedule shall require prior environmental clearance from the concerned regulatory authority, either the Central Government in MOEF for matters falling under category ‘A’ in the schedule or at the State level by the State EIA Authority for matters falling under category ‘B’ in the schedule, before any construction work etc., is taken up in respect of such projects. Clauses (4) to (7) of the 2006 Notification set out the substance and procedures for environmental clearance, including categorization of projects and activities; screening, scoping and appraisal; application for prior environmental clearance; stages in the prior environmental clearance process for new projects; public consultation and appraisal. At Sl.No. 5(a) in the Schedule to this Notification the enumerated manufacturing process is ‘manmade fibres manufacturing’. This is the generic manufacturing activity listed and therein ‘Rayon’ is notified as ‘A’ category activity and other manmade fibres constitute ‘B’ category. The 5th respondent’s unit does not involve any manufacturing activity relating to manmade or synthetic fibres. The unit proposes manufacturing and processing relating to cotton fibres and textiles and garments. The unit therefore falls outside the scope of the manufacturing activities enumerated at Sl.No. 5(d) of the schedule to 2006 Notification.
