SC bars Centre from granting retrospective green clearances
NEW DELHI: Supreme Court Friday said right to live in a
pollution free atmosphere
was a part of the fundamental right as it struck down Centre's office memorandum allowing ex post facto or
retrospective environmental clearances
to projects in violation of norms.
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A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by
Vanashakti organisation
and said, 'Union govt, as much as individual citizens, has a constitutional obligation to protect the environment.'
The court said it 'must come down very heavily' on Centre's attempt to do 'something which is completely prohibited under the law'. It added, 'Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC.
The 2021 OM has been issued in violation of the decisions of this court….'
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars 'arbitrary, illegal, and contrary to Environment (Protection) Act, 1986 and Environmental Impact Assessment (EIA) Notification, 2006'. Centre, as a result, was restrained from issuing directions for grant of
ex post facto clearances
in any form or manner or for regularising the acts done in contravention of the EIA notification.
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