Introduction:

The Supreme Court has suspended two union government orders, issued in July 2021 and January 2022, enabling ex-post facto clearance for mining projects without prior environmental clearance mandated under the 2006 Environment Impact Assessment (EIA) notification. The decision follows a public interest litigation by NGO Vanashakti, arguing that these orders contradict the EIA’s requirement for prior approval and jeopardize ecologically sensitive areas.

Arguments of Both Sides:

Vanashakti, through senior advocate Gopal Sankaranarayanan, contended that the orders provided a Standard Operating Procedure (SoP) for ex-post facto clearance, violating the non-negotiable requirement of prior approval. The NGO emphasized the fundamental balance between sustainable development and environmental protection. The State’s report highlighted the petitioner’s history of dumping his wife and child, with the family marrying off the wife due to financial constraints, challenging the petitioner’s claims.

Court’s Judgment:

The Supreme Court restrained the government from implementing the impugned orders nationwide, acknowledging the potential ecological impact. The court sought the union government’s response and scheduled the next hearing in four weeks. The decision underscores the importance of adhering to the EIA’s mandatory requirement for prior environmental clearance before commencing any project.