03 Apr 2024
a. Exemption from prior environment clearance for linear projects for extracting or sourcing or borrowing of ordinary earth struck down
On 21 March 2024 the Supreme Court has, in Noble M. Paikada v Union of India and Ors., set aside item 6 of the notification issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) dated 28 March 2020 (Impugned Notification) whereby an exemption was granted to linear projects such as roads, pipelines, etc., from obtaining prior Environment Clearance (EC) for extracting or sourcing or borrowing of ordinary earth. 1
The subject matter of challenge was the exemption granted to 13 activities/projects from the requirement of prior EC, subject to compliance with standard operating procedures as well as environmental safeguards.
In its judgment, the Supreme Court held that the Impugned Notification had been issued without any application of mind and without issuing notice to the public, thereby vitiating the entire decision-making process. Pertinently, the court concluded that any exemption granted from the EC regime must be specific. However, there are no specifications in the Impugned Notification on the area and the quantum of ordinary earth that can be extracted. Furthermore, the term ‘linear projects‘ itself has not been defined. Therefore, the Supreme Court held that the blanket exemption in the Impugned Notification is arbitrary, unguided and violative of Article 14 of the Constitution of India.
This judgment is a step towards strengthening environmental jurisprudence in the country, specifically in relation to stakeholder consultation.
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