Environment Protection Act - The Legal Chamber

Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders

4Nov

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Supreme Court

Central vs. State Green Authority: Supreme Court Settles the Jurisdiction Debate for Builders

In a significant ruling, the Supreme Court upheld the validity of the 2025 EIA Notification, clarifying that the "General Conditions" under the EIA 2006 Notification do not apply to building and construction projects. Consequently, such projects will continue to be appraised and granted environmental clearance by State-level authorities (SEIAA/SEAC) and not be automatically elevated to the Central level for approval. Facts Of The Case: The case originated from an order dated 09.08.2024 passed by the National Green Tribunal (NGT). The NGT had directed that all building and construction projects falling within 5 km of protected areas, critically polluted areas, or other eco-sensitive zones must be treated as ‘Category A’ projects. This meant they would require environmental clearance from ...

Supreme Court Backs Government’s 2025 Notification, Says No Special Treatment for Educational & Industrial Buildings

The Supreme Court upheld the 2025 EIA Notification, ruling that General Conditions under the 2006 Notification never applied to building and township projects. It affirmed that State-level expert bodies (SEIAA) are competent to appraise such projects. However, the exemption for industrial and educational constructions was struck down as arbitrary. Facts Of The Case: The writ petition challenged the constitutional validity of the notification dated 29th January 2025 and an Office Memorandum dated 30th January 2025, both issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). The petitioner, an environmental organization, argued that the new notification fundamentally diluted the environmental regulatory regime established by the original 2006 EIA Notification. The ...

Supreme Court Upholds Strict Environmental Laws: Prior Clearance Must for Projects, No Retrospective Approvals

The Supreme Court ruled that ex post facto environmental clearances (ECs) violate environmental jurisprudence and are alien to the Environment (Protection) Act, 1986, and the EIA Notification, 2006. Stressing the precautionary principle and Article 21 (right to a pollution-free environment), the Court struck down the 2017 notification and 2021 OM permitting retrospective ECs, holding them arbitrary and illegal. It reiterated that prior EC is mandatory, and no regularization of violations is permissible, aligning with its earlier judgments in Common Cause and Alembic Pharmaceuticals. The Court barred future exemptions but spared already granted ECs. Facts Of The Case: The case involved multiple writ petitions and a civil appeal challenging the legality of the 2017 notification and 2021 ...