New Delhi: The Supreme Court agreed on Tuesday to hear more than two dozen supplies to ask an assessment of the ruling of 16 May that the decision of the Center to grant retrospective allocations to projects that are contrary to environmental standards.
The ruling of 16 May written by the former top judge Justice, while OKA forbade the Ministry of Environment and Climate Change (MOEFCC) and the authorities involved to grant a retrospective environment, and said that the right to live in a pollution -free atmosphere was part of fundamental law.
It is important that 25 companies, including PSU Steel Authority of India LTD, have moved the Top Department for an assessment or adjustment or clarification of the judgment.
One of the submission companies m/s Kumar Organic Products Limited, represented by lawyer Gopal JHA, has requested a clarification on the status of the removal of applications for the environmental statement on the basis of the report of 14 March 2017 and waiting for the final approval prior to the reasons of 16 May “for the reasons of 16 May” for the reasons of 16 May “for the reasons of 16 May” reasons for the judgment of May 16 “.
A special bank consisting of chief judge BR Gavai and Justices Ujjal Bhuyan and K Vinod Chandran have issued notifications about supplications, including review requests, and repaired them around 2 p.m. on 7 October.
“We are considering the assessment (petitions) … It is for them to point out errors that are clear at first sight of the archives … Fortunately or unfortunately we have to decide,” said the CJI when some lawyers objected to the petitions.
The bank of Justices Oka and Bhuyan also made destructive comments in her judgment passed by NGO Vanashakti and said: “The government of the Union, as much as individual citizens, has a constitutional obligation to protect the environment.”
However, the former bank said that in certain cases the ex-post facto environmental statement would not be disturbed at the current stage, both under the notification of 2017 and the Office Memorandum of 2021 (OM).
Some companies have now sought permission to get the ECs on the ground that they did not play the delay in obtaining the approvals.
The judgment had said that “very heavy” should be “at the center of the center to” do something that is completely forbidden by law “.
“Smart, the words ex post facto have not been used, but without using those words, there is a provision to provide effective ex -post -facto EC. The 2021 to be published in violation of the decisions of this court …”
The bank therefore declared the 2021 office memorandum (OM) and related circulars “random, illegal and contrary to the environment (Protection) ACT, 1986 and the Environmental Effect Assessment (EIA) -Report, 2006”.
The center was thereby prevented from issuing instructions on the allocation of ex -post -Facto goods inspections on whatever form or for regularizing the actions that are done in honor of the EIA notification.
“Pursuant to Article 21 of the Constitution, the right to live in a pollution -free environment is guaranteed. In fact, the law of 1986 has been established to give this fundamental right … That is why even the central government has a duty to protect and improve the natural environment,” said it.
The court ruled these measures, the regularization of projects allocated unlawfully in violation of the environmentalets.
Referring to a MOEFCC report of 14 March 2017, the bench said it was applicable to projects or activities that started the work on site, expanded the production outside the limit of EC or changed the production mix without obtaining the clearance.
“There is already a concluded finding from this court that the concept of ex post facto or retrospective EC is completely strange to environmental jurisprudence and the EIA notification,” it added.
The violation of the condition of obtaining earlier EC must be treated with heavy hands, it said.
“In environmental matters, the courts must take a very strict view of the violations of the laws with regard to the environment. It is the duty of the constitutional courts to do this,” said it.
The bank said that the Public Prosecution Service was contrary to the fundamental rights of all persons who are guaranteed to live in a pollution -free environment on the basis of Article 21 and is guaranteed to infringe the right to health on the basis of Article 21 of the Constitution.
The OM thrown away, the bank asked: “Can there be development at the expense of the environment? Maintaining the environment and its improvement is an essential part of the concept of development.”
The top of the court also ruled that courts should fall sharply in such attempts.
“As mentioned earlier, the OM is about proponents who were fully aware of the EIA notification and who took the conscious risk to change the EIA notification and continue with the construction/continuation/expansion of projects. They have shown little respect for the law and their duty to protect the environment,” noted.
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