Supreme Court Halts Centre’s Environmental Clearance Exemption for Large Construction Projects
The Supreme Court of India has stayed a recent notification by the central government that exempted certain construction projects from obtaining prior environmental clearance. This decision came in response to a public interest litigation (PIL) filed by the NGO Vanashakti, which challenged the dilution of stringent environmental norms.
The notification, issued on January 29, 2025, by the Union Ministry of Environment, Forests, and Climate Change, removed the mandatory requirement for prior environmental clearance for construction projects with a built-up area up to 150,000 square meters. This exemption applied to industrial sheds, and educational institutions such as schools, colleges, and hostels.
A subsequent memorandum on January 30 expanded the definition of educational institutions to include private technical institutions, professional academies, universities, warehouses, and industrial sheds housing machinery.
The Supreme Court bench, comprising Justices Abhay Oka and Ujjal Bhuyan, issued notices to the central government and stayed the operation of both the January 29 notification and the January 30 memorandum. The court emphasized the importance of public participation in environmental matters, stating that citizens are major stakeholders and their involvement cannot be prevented. The next hearing is scheduled for March 28.
The PIL argued that the new notification significantly diluted the existing environmental clearance regime, which previously required prior clearance for all building and construction projects exceeding 20,000 square meters. The NGO expressed concerns that exempting larger projects could lead to unregulated construction activities, potentially causing irreversible environmental damage.
Legal experts noted that if enforced, the notification would have eliminated the need for prior environmental clearance for numerous projects, particularly in urban areas like Mumbai. This could have resulted in extensive construction without adequate environmental oversight, adversely affecting ecological balance and sustainability.
The Supreme Court’s intervention underscores the judiciary’s role in upholding environmental protections and ensuring that development projects comply with established environmental norms.
