A verdict that misses the fine print, Pg7

Key Highlights:

• The Supreme Court on May 16 declared post-facto environmental clearances illegal, stating projects built without prior Environmental Clearance (EC) cannot be legalized.
• The verdict has created confusion among states regarding the fate of existing infrastructure lacking prior EC.
• The court's order pertains to the Environmental Impact Assessment (EIA) Notification, 2006, but remains silent on the Coastal Regulation Zone (CRZ) Notification, 2011.
• Experts suggest a hybrid compliance model involving environmental assessments, fines, restoration duties, and independent monitoring.

Detailed Insights:

• The legal debate began in October 2013 when the National Green Tribunal (NGT) stayed a memorandum allowing "prospective clearances" for projects operating without prior EC.
• Over the past 12 years, infrastructure and real estate sectors have evolved, with significant investments made under the assumption that post-facto approvals could be regularized.
• Mass demolitions resulting from the verdict could generate debris, emissions, and displacement, potentially harming the environment.
• The verdict treats all violations uniformly, disregarding the intent, scale, and impact of the projects, and overlooks the principle of sustainable development under Article 21 of the Constitution.
• Extending the Court’s order to the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, could lead to the closure of enterprises operating without prior consent.
• A balanced way forward involves barring regularization in eco-sensitive zones, mandating environmental assessments, imposing fines, ensuring independent monitoring, and setting time-bound compliance windows.

Key Concepts Involved:

• Environmental Clearance (EC): A process for granting approval to projects after assessing their potential environmental impact.
• Post-facto Clearance: Regularizing projects that began construction or operation without obtaining prior environmental clearance.
• Sustainable Development: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.