Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment (Protection) Act 1986 Jurisdiction of NGT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Environment (protection) Act, 1986 (29 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Environment (Protection) Act 1986 – s.3 – 1994 EnvironmentalImpact Assessment (EIA) notification mandated prior EnvironmentalClearance (EC) for setting up and expansion of industrial unitsfalling within thirty categories – Deadline extended by variouscirculars – 2002 Circular while further extending the deadlineallowed for ex post facto ECs – Quashed by National Green Tribunal(NGT) – On appeal, held: Concept of an ex post facto EC is inderogation of the fundamental principles of environmentaljurisprudence – It is an anathema to the 1994 EIA notification –Allowing for an ex post facto clearance would essentially condonethe operation of industrial activities without the grant of an EC – Itwould be contrary to both the precautionary principle as well asthe need for sustainable development – 2002 circular alters theapplication of the 1994 EIA notification which has a statutorycharacter – Being an administrative decision, it is beyond the scopeof s.3 – It cannot be said to be a measure for protecting andimproving the quality of environment and is not protected by s.3 –No jurisdictional bar on NGT to enquire into its vires – In case ofthe three industries in question, no ECs were sought before thecommencement or expansion of operations, as mandated by the 1994EIA notification – They continued to operate in the teeth of the saidnotification – Further, none of these industries are entitled to thebenefit of the exemption contained in Clause 8 to the explanatorynote of the 1994 notification – However, NGT’s directions forrevocation of the ECs and closure of the units do not accord withthe principle of proportionality – Industries to deposit compensationof ` 10 crores each, in addition to the amount directed by NGT –Environment (Protection) Rules 1986 – Constitution of India –Art.142.Environment (Protection) Act 1986 – Rules/Regulations under– Jurisdiction of NGT to strike down – Discussed. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 326 |
Petitioner | Alembic Pharmaceuticals Ltd. |
Respondent | Rohit Prajapati & Ors. |
SCR | [2020] 10 S.C.R. 677 |
Judgement Date | 2020-04-01 |
Case Number | 1526 |
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