In a major blow to the Centre’s policy of granting big exemptions for projects started without prior approval in violation of environmental laws, the Supreme Court on Wednesday scrapped the 2021 office memorandum issued by the Central government.
It may be noted that through the Centre’s directive, projects were being allowed to get environmental clearance even after work had already begun.
A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Bipul M. Pancholi observed that prior environmental clearance is the fundamental basis of India’s environmental protection system. Therefore, as a general rule, no project can start work without prior approval and seek clearance later.
However, the court clarified that this ruling will apply prospectively. That means environmental clearances already granted under the 2021 office memorandum will not be cancelled due to this judgment.
The bench further said that in special circumstances and in larger public interest, the Central government can introduce limited-time special exemption schemes through a lawful notification. But such a system cannot be made permanent through an office memorandum and turn the violation of environmental laws into a regular practice.
According to the court’s judgment, the Supreme Court, while exercising its special powers under Article 142 of the Constitution, can grant post-facto environmental clearance to projects in appropriate cases, if such a decision is deemed necessary in the interest of justice.
Notably, after hearing several petitions and review petitions regarding the legality of granting post-facto approval to various projects that violated environmental norms, the Supreme Court had reserved its judgment on April 1 this year.
