Context
The Supreme Court has quashed the prospective operation of the 2021 Office Memorandum (OM) that allowed ex post facto Environmental Clearance (EC) for projects commenced without prior approval. The Court held that environmental safeguards under the EIA Notification, 2006 cannot be diluted through an executive instruction and that any amnesty must be backed by law.
Explanation
- Environmental Clearance (EC) is a mandatory prior approval for specified projects under the Environment (Protection) Act, 1986 and the EIA Notification, 2006.
- The EIA (Environmental Impact Assessment) evaluates likely environmental impacts before a project begins, applying the precautionary principle and promoting sustainable development.
- Ex post facto EC means granting environmental approval after a project has already commenced, contrary to the principle of prior assessment.
- The 2021 Office Memorandum created a mechanism to regularise such violations through administrative orders.
- The Supreme Court held that executive instructions cannot override statutory notifications and that environmental violations cannot routinely be condoned.
- The judgment reaffirmed the precautionary principle, polluter pays principle, and the need for prior environmental scrutiny while leaving limited scope for law-backed, case-specific regularisation.
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