Ministry Alters Land Acquisition Terms For Select Projects Seeking Clearance

Developers of select non-coal mining projects no longer need to show proof or intent of land acquisition before obtaining environmental clearance, the Ministry of Environment, Forests, and Climate Change has said.

The announcement changes earlier norms which required developers of such projects to show proof that land acquisition had been initiated when seeking environmental clearance. The change was made after industrial bodies requested the government to do away with the provision, a letter published by the Ministry says.

The change now exempts highways, mineral mining, slurry pipeline, and offshore and onshore oil and gas exploration projects from obtaining consent for land acquisition, if they pass through national parks and other eco-sensitive areas.

Oil and gas transportation pipeline projects are also excluded. In other words, environmental clearance for these projects – running through national parks, coral reefs, sanctuaries, and eco-sensitive areas – can be granted before land acquisition, or consent for land acquisition, is obtained.

“It is very difficult to understand how a meaningful environmental impact assessment can be made without full knowledge of the area that is going to be covered by the non-coal mining project in the first place,” Jairam Ramesh, former Union Environment Minister and a leader in the Opposition Congress Party, said in response to the change in a post on X (formerly Twitter).

The change puts these non-coal mining projects on an almost equal footing with exceptions for coal mining projects.

Land acquisition in environment clearance

Before the change was introduced, project proponents of non-coal mining projects needed to submit proof of preliminary land acquisition, landowner consent, or state government confirmation of intent to acquire land as part of the environmental clearance application process.

This requirement was made clear in a 2014 office memorandum issued by the Ministry, which observed that state appraisal bodies were adopting their own criteria for the extent to which land should be acquired before environmental clearance is granted.

“While full acquisition of land may not be a prerequisite for consideration of the case for EC, there should be some credible document to show the status of land acquisition with regard to project site when the case is brought to the concerned Expert Appraisal Committee/State Expert Appraisal Committee for appraisal,” the Ministry reasoned at the time.

Proof or intent of land acquisition could be through a notification under the Land Acquisition Act, if it was a government project, or some credible document showing willingness of owners to sell land to the project proponent, if it was a private project.

In February 2025, the Ministry said indication of land acquisition by a state government or authorised agency, mentioned in the project’s Environmental Impact Assessment, would also be sufficient to meet this requirement.

The latest change, however, was brought about after project developers requested the Ministry to drop these provisions, arguing that landowners are not asked for consent when coal mining leases are granted. Under the Mines and Minerals (Development and Regulation) Act, minerals belong exclusively to the government, allowing states to grant and execute mining leases over private land without prior landowner approval. However, lessees must secure surface rights or consent before entering the leased area for operations.

The matter was sent to the non-coal mining Expert Appraisal Committee, which decided the request was “reasonable and can be accepted,” adding that the land acquisition requirement “may not be practical for certain other projects such as Coal Mining, Oil and Gas exploration and production, and Highways, etc.”

Similar to rules for coal mining, the new change also says that when such projects are granted with clearance, “a specific condition may be included that consent to operate shall be granted in respect of only those land parcels/khasra numbers in the revenue record that have been acquired by the project proponent, or that consent has been obtained by the landowners or from the concerned state government, or their authorised agency, as the case may be.”