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Informist, Friday, May 16, 2025

 

 

NEW DELHI – The Supreme Court Friday restrained the Centre from granting retrospective environmental clearance to mining and other development projects and quashed the 2017 notification and 2021 office memorandum regarding the same. However, the projects already granted environmental clearance till date under the 2017 notification and 2021 office memorandum shall remain unaffected, said the court.

 

 

The 2017 notification and 2021 office memorandum had given retrospective environmental clearance to the projects which were in violation of the Environment Impact Assessment Notification, 2006. According to the 2006 notification, mining and other development projects needed a prior environmental clearance from the concerned regulatory authority to start a project. These notifications of 2017 and office memorandum of 2021 had allowed the projects that had started the work or completed in defiance of the 2006 notification to get a retrospective environmental clearance.

 

 

The apex court said that the 2017 notification and 2021 office memorandum sought to protect violators who had acted with full knowledge of consequences of violating the 2006 notification. Those who violate the law regarding obtaining prior environmental clearance are not only committing gross illegality, but are acting against the society at large, said the court. The violation of the condition of obtaining prior environmental clearance must be dealt with heavy hands, said the top court.

 

 

 

"Under Article 21 of the Constitution of India, the right to live in a pollution free environment is guaranteed," said the apex court, adding that the Central government has a duty to protect and improve the natural environment. The top court noted that Delhi and other cities were witnessing drastic consequences on human lives of large-scale destruction of the environment. The apex court said the government coming out with measures such as these notifications were violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution-free environment. It also infringes the right to health guaranteed under Article 21 of the Constitution, the top court added.

 

 

The apex court was hearing a petition by a non-government organisation Vanashakti. The petitioner has challenged the 2017 notification and 2021 office memorandum on the ground that they were arbitrary, illegal and ultra vires the provisions of the Environment (Protection) Act, 1986.  End

 

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

 

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