New Delhi, Nov 17: The Supreme Court is slated to pronounce on Tuesday judgement on as many as 40 petitions seeking modifications and a review of its May 16 verdict that had struck down the Centre’s decision to grant retrospective clearances to projects found in violation of environmental norms.
The May 16 verdict by a bench of Justice A S Oka, since retired, and Justice Ujjal Bhuyan had barred the Ministry of Environment, Forests and Climate Change (MoEFCC) and the authorities concerned from granting retrospective environmental clearance (EC) to projects which are found in violation of environmental norms.
Justice Oka, who authored the judgement under review, had set aside the post-facto environmental clearance granted to firms, saying the right to live in a pollution free atmosphere was a part of the fundamental right.
On October 9, a bench of Chief Justice B R Gavai and Justices Bhuyan and K Vinod Chandran had heard submissions from several senior advocates, including Kapil Sibal, Mukul Rohatgi, and Solicitor General Tushar Mehta, appearing for various industrial and infrastructural entities as well as government bodies, in favour of the review or modification of the impugned judgement.
However, senior advocates including Gopal Sankaranarayanan, Sanjay Parikh and Anand Grover vehemently opposed any move to review the judgement saying that the court should not encourage the “lawlessness”.
The review petitions are crucial for several ongoing and completed projects, including infrastructure, mining, and industrial undertakings, as they risk closure or demolitions due to the May 16 verdict.
The impugned verdict had said the ex post facto environmental clearances granted in certain cases both under the 2017 notification and the 2021 office memorandum, at the present stage, wouldn’t be disturbed.
The bench, therefore, declared the 2021 office memorandum and related circulars “arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006”. (PTI)
