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Informist, Tuesday, Aug. 5, 2025

 

NEW DELHI – The Supreme Court Tuesday struck down the Centre's law granting exemption for projects such as industrial sheds, schools, colleges, hostels, and other educational institutions from obtaining prior environmental clearance under the Environmental Impact Assessment Notification, 2006. A bench headed by Chief Justice of India B.R. Gavai said the exemption granted to educational institutions was arbitrary and liable to be set aside.

 

"We see no reason behind the exemption of 2006 notification for the industry and educational buildings. If any construction activity of an area more than 20,000 square metres is carried out, it will naturally have an effect on the environment, even if the building is for educational purposes," said the bench, also comprising Justice K.V. Chandran. The top court said it saw no reason to discriminate in favour of buildings constructed for industrial or educational purposes or against other buildings. It is common knowledge that education is no more a service-oriented profession and has also become a flourishing industry, the court added.

 

In the 2006 notification, any building or construction project with a built-up area equal to or greater than 20,000 square metres required prior environmental clearance. However, in January, the government amended the notification and introduced an exemption for projects such as industrial sheds, schools, colleges, and hostels for educational institutions. For this exemption, the project had to ensure measures such as sustainable environmental management, solid and liquid waste management, and rainwater harvesting.

 

The apex court was hearing a petition by non-governmental organisation Vanashakti. The petitioner argued that the exemption granted to educational institutions had diluted the Environmental Impact Assessment framework without scientific basis or reason.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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