Constitution of India — Article 226 — Grant of environment clearance as per statutory process

August 6th, 2013

Constitution of India — Article 226 — Grant of environment clearance as per statutory process — Judicial review of, Permissibility — Company applied and obtained `No Objection Certificate’ from Tamil Nadu Pollution Control Board (TNPCB) for setting up a copper smelter plant — Writ Petitions had been filed for quashing the environmental clearances granted by the Ministry of Environment and Forests, Government of India, to the appellants for setting up the plant at Tuticorin and by the impugned judgment, High Court quashed the environmental clearance — Challenged — Held, no materials have been produced to take a view that the decision of the Central Government to grant the environmental clearance to the plant of the appellants was so unreasonable that no reasonable authority could ever have taken the decision — In the affidavit filed by the Union of India before the High Court in Writ Petition Nos.15501 to 15503 of 1996, it has been stated that the Ministry of Environment and Forests have accorded environmental clearance after detailed examination of rapid EIA/EMP, filled in Questionnaire for industrial projects, NOC from State Pollution Control Board and Risk Analysis, and that the project was examined as per the procedure laid down in the EIA notification and only thereafter the project was accorded approval — No material has been placed to show that the decision of the Ministry of Environment and Forests to accord environmental clearance to the plant of the appellants at Tuticorin was wholly irrational and frustrated the very purpose of EIA — It is for the authorities under the Environment (Protection) Act, 1986, the Environment (Protection) Rules, 1986 and the notifications issued thereunder to determine the scope of the project, the extent of the screening and the assessment of the cumulative effects and so long as the statutory process is followed and the EIA made by the authorities is not found to be irrational so as to frustrate the very purpose of EIA, the Court will not interfere with the decision of the authorities in exercise of its powers of judicial review — Appeals are allowed and the impugned common judgment of the High Court is set aside.

Belize Alliance of Conservation Non-governmental Organizations v. The Department of the Environment and Belize Electric Company Limited, (2004) 64 WIR 68, Referred.

(Para 28 & 29)

Sterlite Industries (India) Ltd. v. Union of India[Bench Strength 2], Civil Appeal Nos. 2776-2783/2013 (Arising out of SLP (C) Nos. 28116-28123/2010)(02/04/2013), 2013(5) SCALE 202: 2013(4) JT 388: 2013(4) SLT 143: 2013(4) SCC 575 [A.K. Patnaik, J.: H.L. Gokhale, J.]

Entry Filed under: Judgements