Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 2010 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Green Tribunal Act, 2010 : s. 22 – Micro, Small and Medium Enterprises Development Act, 2006 – Environment (Protection) Act, 1986 – Environment (Protection) Rules, 1986 – Environment clearance – Grant of – Ex post facto environment clearance – Appellants engaged in manufacture and sale of basic organic chemicals – Appellant granted Consent to Establish (CTE) and Consent to Operate (CTO) for its unit by State Pollution Control Board-HSPCB – Subsequently, the Government issued a Notification which provides for grant of ex post facto Environmental clearance (EC) for project proponents who had commenced, continued or completed a project without obtaining EC – Thereafter, issuance of an order by the State Government where the units which did not have EC, be allowed to continue their operations for a period of six months, with the conditions that they would apply for EC – Respondent No.1 then filed a petition seeking quashing of the said order and units operating without EC be closed – NGT held that the manufacturing units of the appellants, which did not have prior EC could not be allowed to operate – On appeal, held: Unit contributing to the economy of the country and providing livelihood to hundreds of people, which has been set up pursuant to requisite approvals from the concerned statutory authorities, and has applied for ex post facto EC, should not be closed down for the technical irregularity of want of prior environmental clearance, pending the issuance of EC, even though it may not cause pollution and/or may be found to comply with the required norms – More so, the HSPCB was itself under the misconception that no environment clearance was required for the units in question – Ex post facto EC should not ordinarily be granted, and certainly not for the asking – At the same time ex post facto clearances and/or approvals cannot be declined with pedantic rigidity, regardless of the consequences of stopping the operations – Impugned order is set aside – Appellants would be allowed to operate the units. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 345 |
Petitioner | M/s Pahwa Plastics Pvt. Ltd. And Anr |
Respondent | Dastak Ngo And Ors. |
SCR | [2022] 16 S.C.R. 855 |
Judgement Date | 2022-03-25 |
Case Number | 4795 |
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