SUPREME COURT OF INDIA
Noble M. Paikada vs Union of India
Civil Appeal No 1628-1629 of 2021 On 21 March 2024
Hon'ble Judges: Abhay S. Oka, Sanjay Karol
Case Type: Civil Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 164
ACTS REFERRED:
Mines and Minerals
(Development and Regulation) Act, 1957, Section 8B
Constitution of India, Article 14
Environment (Protection) Rules, 1986, Rule 5(3)
Environment (Protection) Act, 1986, Section 3(2)
(A) Constitution of India, Article 14 - Appointment of Commission to inquire into and report on the administration of autonomous districts and autonomous regions(B) Environment (Protection) Rules, 1986, Rule 5(3) - (C) Environment (Protection) Act, 1986, Section 3(2) - (D) Mines and Minerals
(Development and Regulation) Act, 1957, Section 8B There is also a challenge to the
order dated 24th December 2020, by which, the NGT rejected
the review petition filed by the appellant for seeking review of
the impugned judgment.
A notification was issued on 14th September 2006 (for
short, 'the first EC notification') by the Ministry of Environment
and Forests (for short, 'MoEF') in exercise of powers under subsection
(1) and clause (v) of sub-section (2) of Section 3 of the
Environment (Protection) Act, 1986 (for short, 'the EP Act') read
with clause (d) of sub-rule (3) of Rule 5 of the Environment
(Protection) Rules, 1986 (for short, 'the EP Rules').
Judgement Text
FACTUAL ASPECTS
1. These appeals take exception to the judgment and order
dated 28th October 2020 (for short, 'the impugned judgment')
passed by the National Green Tribunal, Principal Bench, New
Delhi (for short, 'the NGT'). There is also a challenge to the
order dated 24th December 2020, by which, the NGT rejected
the review petition filed by the appellant for seeking review of
the impugned judgment.
2. A notification was issued on 14th September 2006 (for
short, 'the first EC notification') by the Ministry of Environment
and Forests (for short, 'MoEF') in exercise of powers under subsection
(1) and clause (v) of sub-section (2) of Section 3 of the
Environment (Protection) Act, 1986 (for short, 'the EP Act') read
with clause (d) of sub-rule (3) of Rule 5 of the Environment
(Protection) Rules, 1986 (for short, 'the EP Rules'). Clause 2 of
the first EC notification is material, which reads thus:
"2. Requirements of prior
Environmental Clearance (EC):- The
following projects or activities shall
require prior environmental clearance
from the concerned regulatory
authority, which shall hereinafter
referred to be as the Central
Government in the Ministry of
Environment and Forests for matters
falling under Category 'A' in the
Schedule and at State level the State
Environment Impact Assessment
Authority (SEIAA) for matters falling
under Category 'B' in the said
Schedule, before any construction
work,
