SC order on retrospective environmental clearances a step forward but gaps remain: Experts
In a landmark ruling on Friday, the apex court said the government cannot grant retrospective environmental clearances in the future. The court made it clear that projects started without mandatory prior environmental clearance cannot be legalised later. It added that violators who knowingly ignored the law cannot be protected.
The judgement came in response to petitions filed by the NGO Vanashakti and others, challenging two government office memorandums issued in July 2021 and January 2022 which had created a system to grant environmental clearance to projects that began operations without prior approval under the Environment Impact Assessment (EIA) Notification, 2006.
Stalin D, Director of Vanashakti, told PTI that citizens must now ensure the court's directions are followed. "The judgement clearly says the government cannot try and provide a safe haven for violators. So, we have to ensure that our constitutional framework is not violated in any way."
"One more very pertinent thing in that order is that the people who violated this are not illiterate persons. They are educated, well connected, rich people who knew that they were engaging in a violation, which needs to stop now," he said.
Prakriti Srivastava, a retired Indian Forest Service officer, said while it is a good order, knowing the history of environment ministry and project proponents, they will find a way around. She said post-facto approvals mean the damage is already done before clearance is granted.
"Will these stop and the ministry obey the SC orders? Let's wait and watch Though knowing the record of MoEFCC, they give two hoots for SC orders and may blatantly disregard them," she added.
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