Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Environment Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Environment Protection Act, 1986 – Ex post facto environmental clearance – In the instant case, Appellant applied to Ministry of Environment, Forest and Climate Change, Government of India for grant of Environmental Clearance (EC) to establish steel plant at Bokara District – Appellant stated in its application that no forest land was involved in the project – After obtaining EC, the Appellant applied to the JSPCB, for grant of ‘Consent to Establish’ (CTE) under the Air (Prevention and Control of Pollution) Act, 1981 - The JSPCB granted CTE to the Appellant to establish steel plant – Even though CTE was granted to the Appellant to establish a steel plant at Bokaro District, the Appellant established it 5.3 Kms away from the permitted site - CTE was extended from time to time – However, JSPCB issued an order revoking EC of the appellant on the ground that appellant had encroached upon forest land and shifted its location there by violating the conditions of EC – Appellant filed writ petition before High Court in which High Court passed an interim order staying the operation, implementation and execution of the order of JSPCB which was extended time to time – In the meanwhile, Appellant applied for ex post facto Forest Clearance (FC) which was also claimed before the High Court - However, after final hearing, High Court passed the order of discontinuing the earlier interim orders – On Appeal, Held: The 1986 Act does not prohibit ex post facto Environmental Clearance – Ex post facto environmental clearance should not however be granted routinely, but in exceptional circumstances taking into account all relevant environmental factors – Ex post facto approval should not be withheld only as a penal measure – In present facts, steel plant was not started without EC or consent of JSPCB – Appellant had asserted that no part of steel plant is in any forest which MoEF had also confirmed - Appellant had duly applied for ex post fact forest clearance approval without prejudice to its rights and contentions that its steel plant is not on forest land – An establishment contributing to the economy and providing livelihood to hundreds of people should not be closed down for technical irregularity of shifting its site without prior EC – JSPCB was directed to take action on the application of the appellant for revised EC in accordance with law - High Court erred in vacating interim orders which had been in force for two years. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 859 |
Petitioner | Electrosteel Steels Limited |
Respondent | Union Of India And Ors. Etc |
SCR | [2021] 14 S.C.R. 863 |
Judgement Date | 2021-12-09 |
Case Number | 7576 |
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