Supreme Court Friday said right to live in a pollution free atmosphere was a part of the fundamental right as it struck down Centre's office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.
SC Bars Centre From Granting Retrospective Green Clearances
The Supreme Court has affirmed that the right to a pollution-free environment is a fundamental right, invalidating a central government memorandum that permitted retrospective environmental clearances for projects violating established norms. The court strongly criticized the government's attempt to circumvent the law, emphasizing the constitutional obligation to protect the environment.
Supreme court of India sci
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A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, "Union govt, as much as individual citizens, has a constitutional obligation to protect the environment."
The court said it "must come down very heavily" on Centre's attempt to do "something which is completely prohibited under the law". It added, "Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this court....."
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars "arbitrary, illegal, and contrary to Environment (Protection) Act, 1986 and Environmental Impact Assessment (EIA) Notification, 2006". Centre, as a result, was restrained from issuing directions for grant of ex post facto clearances in any form or manner or for regularising the acts done in contravention of the EIA notification.
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