Not right to shut down units over mere technical irregularity: SC

Tribune News Service

New Delhi, March 25

The SC on Friday set aside an NGT order for closure of industries running without prior environmental clearance, saying an industry contributing to the country’s economy and providing livelihood needn’t be closed down only on the ground of the technical irregularity of not obtaining prior environmental clearance (EC).

An industry contributing to country’s economy and providing livelihood needn’t be closed down only on ground of technical irregularity — Supreme Court Bench

A Bench led by Justice Indira Banerjee said the Environment (Protection) Act, 1986, did not prohibit ex post facto environmental clearance even as it termed the need to comply with the requirement to obtain EC as non-negotiable.

The SC set aside an order of the National Green Tribunal (NGT) directing closure of industries in Haryana which did not have prior EC. The SC said ex post facto clearances and/or approvals couldn’t be declined with pedantic rigidity, regardless of the consequences of stopping the operations.

“This court is of the view that the NGT erred in law in directing that the units cannot be allowed to function till compliance of the statutory mandate. Accordingly, the appeal is allowed. The impugned order is set aside in so far as the same is applicable to the units of the appellants established and operated pursuant to the CTE and CTO from the HSPCB in respect of which applications for ex post facto EC have been filed,” it said.

The court directed the authorities to take a decision on the applications of the appellants for the EC in accordance with law within one month from date.

“Grant of ex post facto EC in accordance with law, in strict compliance with rules, regulations, notifications and/or applicable orders, in appropriate cases, where the projects are in compliance with, or can be made to comply with environment norms, is in our view not impermissible. The court cannot be oblivious to the economy or the need to protect the livelihood of hundreds of employees if such projects comply with environmental norms,” it said.

“A unit can be set up or allowed to expand subject to compliance of requisite environmental norms. To protect future generations and to ensure sustainable development, it is imperative that pollution laws be strictly enforced. Under no circumstances can industries, which pollute, be allowed to operate unchecked and degrade the environment,” the Bench said.

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