Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2010: s. 22 – Environmental Impact Assessment Notification 2006 – Ex Post facto Environmental clearance (EC) – Respondent No.3 applied to the respondent no.1- State Pollution Control Board for consent to establish a Common Bio-Medical Waste Treatment Facility National Green Tribunal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | National Green Tribunal Act, 2010: s. 22 – Environmental Impact Assessment Notification 2006 – Ex Post facto Environmental clearance (EC) – Respondent No. 3 applied to the respondent no. 1- State Pollution Control Board for consent to establish a Common Bio-Medical Waste Treatment Facility – Respondent no.1 accorded consent – Thereafter, in terms of amended Entry 7(da) of the Notification of 2006, the Bio-Medical Waste Treatment Facilities were required to obtain EC from the Ministry of Environment and Forests-MOEF – Representation by villagers seeking order banning establishment of Common Bio-Medical Waste Treatment Facility by respondent No. 3 – Respondent No. 1 then issued notices to the respondent No. 3, calling upon it to submit a report of compliance of pollution norms – Pursuant thereto, instructions by the respondent no. 1 that the application for consent to be accompanied with EC – Respondent no. 3 re-submitted its application for consent which had earlier been returned – Respondent No. 1 granted the respondent No. 3 consent to operate its Common Bio-Medical Waste Treatment Facility – Appellant challenged the consent granted to the respondent no. 3 and sought direction for closure of the Common Bio-Medical Waste Treatment Facility run by the respondent No. 3, on the ground of alleged non-compliance of the provisions of the notification of 2006, as amended – Dismissal of the application by NGT – Meanwhile, the Central Government issued a Notification which provided for grant of ex post facto EC for project proponents who had commenced, continued or completed a project without obtaining EC under the EP Act/EP Rules or the Notification – On appeal, held: Need to comply with the requirement to obtain EC is nonnegotiable – However, the EP Act does not prohibit ex post facto EC – Ex post facto environmental clearance should ordinarily not be granted routinely, but in exceptional circumstances taking into account all relevant environmental factors – Where the adverse consequences of denial of ex post facto approval outweigh the consequences of regularization of operations by grant of ex post facto approval, and the establishment concerned otherwise conforms to the requisite pollution norms, ex post facto approval should be given – Operation of a Bio-Medical Waste Treatment Facility is in the interest of prevention of environmental pollution – Closure of the facility only on the ground of want of prior Environmental Clearance would be against public interest – Thus, no grounds to interfere with the judgment and order of the NGT – Water (Prevention and Control of Pollution) Act, 1974 – Air (Prevention and Control of Pollution) Act, 1981. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 998 |
Petitioner | D. Swamy |
Respondent | Karnataka State Pollution Control Board And Ors |
SCR | [2022] 15 S.C.R. 547 |
Judgement Date | 2022-09-22 |
Case Number | 3132 |
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