Environment – Protection – Construction Projects – Environmental clearance – Challenge to Notification dated 29.01.2025 and O.M. dated 30.01.2025 – According to the petitioner, the impugned notification dated 29.01.2025 totally changes the regime, which was provided by the notification dated 14.09.2006 issued by the Ministry of Environment and Forests:
Held: The notification dated 29.01.2025 excluding Note 1 to Entry 8(a) is upheld – Note 1 to Entry 8(a) of the notification dated 29.01.2025 is arbitrary and is quashed and set aside – The clarificatory O.M. dated 30.01.2025, which has also been impugned in the present petition, rather than being adverse to the environmental interest is conducive to the environmental interest, inasmuch as it also makes the conditions applicable to the State of Kerala – Thus, the O.M. dated 30.01.2025 issued by the MoEF&CC is also upheld. [Paras 44-47]
Environment Protection Act, 1986 – Notification dated 14.09.2006 issued by the Ministry of Environment and Forests – Notification dated 29.01.2025 issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) – Whether the exemption of applicability of 2006 notification, by way of Note 1 in column 5 of Entry 8(a) of the impugned notification (Notification dated 29.01.2025), to the projects or activities for industrial shed, school, college and hostel for educational institution appears to be in tune with the purpose for which the Environment Protection Act:
Held: The impugned notification dated 29.01.2025 is upheld – This Court is of the considered view that the exemption of applicability of 2006 notification, by way of Note 1 in column 5 of Entry 8(a) of the impugned notification, to the projects or activities for industrial shed, school, college and hostel for educational institution does not appear to be in tune with the purpose for which the Environment Protection Act has been enacted – It cannot be gainsaid that if any construction activity for an area of more than 20,000 sq. mtr. is to be carried out, it will naturally have an effect on the environment and ecology, even if the building is for industrial shed or for educational purpose, including hostels etc. – There is neither any rational nexus with the object to be achieved by excluding such buildings from the rigors of the notification – Therefore, see no reason to discriminate the other buildings with the buildings constructed for industrial or educational purposes. [Paras 40, 42] Environmental Law – Environmental protection vis-à-vis need for sustainable development – Discussed. [Paras 31-34]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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