Supreme Court Decision on Environment Ministry Notifications
The Supreme Court of India recently deemed two notifications by the Union Environment Ministry as "illegal." These notifications previously allowed industrial units to establish, expand, or change manufacturing practices without prior government approval, violating the core principle of the Environment Impact Assessment (EIA) Notification, 2006.
Background and Notifications
- In March 2017, a notification provided a "one-time" six-month window for industries lacking environmental clearances to apply for them.
- In 2021, a 'standard operating procedure' was introduced, allowing projects in violation of laws to apply for regularization with fines.
Rationale Behind the Notifications
- The process for regularising projects was initiated by the United Progressive Alliance government in 2012 and 2013, but these efforts were struck down on procedural grounds.
- Demolishing functioning plants could increase pollution and disrupt the economy and employment.
- A system was implemented requiring violators to pay fines for their period of non-compliance.
Supreme Court Verdict
- The Court upheld the principle of "prior" clearance, emphasizing its significance despite delays.
- Companies regularised under the 2017 and 2021 orders remain unaffected by the judgment.
- The judgment highlights the failure of regional environmental boards to enforce laws effectively.
Implications of the Judgment
- The judgment aims to prevent future governments from circumventing environmental laws for economic gains.
- It stresses the need for on-ground enforcement to ensure adherence to environmental regulations.