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Noble M Paikada vs. Union of India

Not available · 2024 INSC 241Decided 21 Mar 2024
Not available

Background

The appellant challenged a National Green Tribunal (NGT) judgment and a subsequent order rejecting his review petition, both concerning amendments to the Environmental Impact Assessment notifications issued under the Environment (Protection) Act, 1986. The dispute centered on whether certain categories of mining and excavation activities (including extraction of "ordinary earth" for linear projects like roads and pipelines, and identification of borrow areas for soil material) required prior environmental clearance, and whether the Central Government had adequately implemented safeguards the NGT had earlier directed.

Decision Breakdown

The Supreme Court found that a Standard Operating Procedure relied upon by the government only addressed identification of borrow areas for extracting soil, not the broader extraction of ordinary earth for linear projects, and therefore did not fully comply with the NGT's earlier directions. Since no party had specifically challenged a particular item (item 7) of the impugned notification, the respondents were still bound to implement the NGT's directions on that point. However, because no safeguards on process, mode, manner, or quantum of excavation had been laid down for another item (item 6), the Court struck down and quashed item 6 of both the original 2020 notification and its 2023 amendment. The appeal was thus partly allowed, with no order as to costs.

Lesson Learnt

Environmental clearance exemptions for excavation and mining-adjacent activities must come with clear, enforceable safeguards on how, how much, and under what process the activity can occur: a bare exemption without such conditions will not survive judicial scrutiny.

Official source (sci.gov.in)View Judgment (PDF)

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