Topic
Environmental clearance in India is the mandatory approval required under the EIA Notification 2006 for projects likely to impact the environment, issued by regulatory bodies after public consultation and technical assessment.
National Green Tribunal, Western Zone Bench, Pune upheld joint CRZ and environmental clearance for Jawaharlal Nehru Port Trust's container berth widening project. The ruling emphasizes strict compliance with mitigation measures and safeguards for marine ecology, setting a precedent for port expansion under CRZ norms.
The Bombay High Court permitted diversion of 94.68 hectares of forest land for a 132 KV transmission line but imposed strict conditions including compensatory afforestation, annual compliance reports for a decade, and ecological monitoring. The ruling balances public infrastructure needs with environmental safeguards under the Forest Conservation Act.
Bombay HC permits felling of 8.2188 hectares of mangroves for a 132KV transmission line subject to strict 10-year compliance monitoring and annual status reports. The ruling balances public infrastructure needs with environmental protection under the Forest Conservation Act.
NGT Pune Bench quashed environmental clearance granted to M/s Deepak Chem Tech Limited for concealing interlinked linear infrastructure and project splitting in a 90 MW coal captive power plant. The ruling underscores the mandatory disclosure of interdependent projects and linear structures in EIA Form 1, setting a precedent for stricter compliance in industrial clearances.
Bombay High Court permits diversion of 9.2498 hectares of mangrove forest for an 8-lane highway to Vadhavan Port, holding that public utility outweighs environmental concerns under the Public Trust Doctrine, subject to strict compensatory afforestation. The ruling sets a precedent for future infrastructure projects requiring environmental clearances.
The National Green Tribunal has mandated that all petrol retail outlets must be situated at least 50 metres away from irrigation canals to prevent contamination of water sources and protect agricultural livelihoods. This ruling enforces the Central Pollution Control Board’s environmental siting standards and sets a binding precedent for state authorities issuing NOCs near water bodies.
NGT sets aside SEIAA's rejection of environmental clearance after finding reliance on incorrect coordinates in the District Survey Report, emphasizing strict adherence to procedural accuracy. The ruling mandates fresh consideration, reinforcing that geographical discrepancies cannot justify denial without rectification.
The Kerala High Court ruled that panchayat trade licenses for quarrying operations cannot be arbitrarily limited to five years if the environmental clearance and mining lease extend beyond that period. This ensures statutory harmony between environmental compliance and local licensing, protecting businesses from conflicting administrative timelines and reinforcing the principle of co-extensiveness in regulatory permissions.
Supreme Court rules that industries operating in good faith under Pollution Control Board consent (CTE/CTO) cannot be shut down merely for lacking prior Environmental Clearance (EC), provided they applied for EC in a timely manner. The judgment balances regulatory compliance with operational continuity for formaldehyde units in Rajasthan and Haryana.
The Madhya Pradesh High Court holds that dead rent payments under mining agreements remain legally enforceable even when mining operations are delayed due to pending statutory clearances, affirming that contractual obligations are not automatically suspended by regulatory bottlenecks. This ruling impacts mining companies and state authorities by clarifying that delays beyond the lessee’s control do not extinguish financial liabilities tied to leasehold rights.
NGT Central Zone sets aside SEIAA's arbitrary rejection of environmental clearance for a dolomite mine, ruling that statutory authorities must either follow expert committee recommendations or provide detailed reasons for dissent. The judgment reinforces natural justice principles in environmental governance, impacting all project proponents seeking environmental clearance under the EIA Notification 2006.
The National Green Tribunal has constituted a joint committee to investigate illegal sand mining in the Yamuna riverbed, citing violations of the Sustainable Sand Mining Management Guidelines 2016 and Enforcement & Monitoring Guidelines for Sand Mining 2020. The Tribunal ordered environmental compensation assessment and strict compliance with statutory guidelines, setting a precedent for regulatory enforcement in riverbed mining cases.
The National Green Tribunal (Southern Zone) ruled that industrial continuity hinges on strict compliance with environmental clearance and lease renewal conditions. The court directed Andhra Paper Mill to implement its approved effluent disposal plan and urged the East Godavari Collector to decide on the expired lease for Turupulanka discharge lagoons, emphasizing that non-compliance risks operational shutdowns and ecological harm.
NGT rules that deemed environmental clearance under the EIA Notification 2006 is invalid if procedural requirements, including tree felling permissions, are not strictly followed. The ruling sets a precedent that illegal construction or tree felling nullifies any claim to deemed clearance, impacting real estate developers and environmental regulators.
The Punjab & Haryana High Court dismissed a PIL challenging an environmental clearance near Sukhna Wildlife Sanctuary, ruling that the National Green Tribunal (NGT) has exclusive jurisdiction under Section 14 of the NGT Act, 2010. Petitioners must first exhaust remedies before the NGT, reinforcing the statutory bar on High Courts entertaining such environmental disputes without prior NGT adjudication.