Notification altering environmental regulations must align with prior judicial findings, ensuring no arbitrary exemptions for projects requiring assessments.

JUDGMENT :

B.R. GAVAI, CJI

1. The present petition challenges the notification dated 29th January, 2025 bearing number S.O. 523(E) issued by the Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘the MoEF&CC’) and the Office Memorandum dated 30th January, 2025 issued by the MoEF&CC.

2. We have heard Shri Gopal Sankaranarayanan, learned senior counsel appearing on behalf of the petitioner and Shri P.V. Dinesh, learned senior counsel appearing on behalf of the intervenor(s), supporting the case of the petitioner.

3. We have also heard Ms. Aishwarya Bhati, learned Additional Solicitor General of India appearing for the Union of India (MoEF&CC), Shri Tushar Mehta, learned Solicitor General of India appearing for the State of Maharashtra, Shri Mukul Rohatgi and Shri Atmaram Nadkarni, learned senior counsel appearing for the intervenor(s) and other learned counsel.

4. Shri Gopal Sankaranarayanan, learned senior counsel, submits that the impugned notification dated 29th January, 2025 (hereinafter referred to as ‘the impugned notification’) totally changes the regime, which was provided by the notification dated 14th September, 2006 issued by the Ministry of Environment and Forests (hereinafter referred to as ‘the 2006 notification’). Shri Sankaranarayanan, learned senior counsel, submits that the Union of India has been making consistent efforts to dilute the provisions contained in the 2006 notification by issuing notifications dated 22nd December, 2014 (hereinafter referred to as ‘the 2014 notification’), 9th December, 2016 (hereinafter referred to as ‘the 2016 notification’) and 14th and 15th November, 2018 (hereinafter referred to as ‘the 2018 notification’). It is submitted that 2014 notification was quashed and set aside by the High Court of Kerala vide judgment and order dated 6th March, 2024. Similarly, it is submitted that the 2016 notification issued by the MoEF&CC was quashed and set aside by the National Green Tribunal, Principal Bench, New Delhi vide judgment dated 8th December, 2017. He further submits that the 2018 notification has been stayed by the High Court of Delhi by an order dated 26th November, 2018.

5. It is submitted by the learned senior counsel that the preamble of the 2025 notification does not refer to the judgment of the learned NGT and the order of the Delhi High Court. It is, therefore, submitted that the impugned notification suffers from suppression of material facts.

6. Shri Sankaranarayanan, learned senior counsel, further submits that under the 2006 notification, the General Conditions were applicable to the projects covered under Entry 8(a) and 8(b) of the Schedule. He submits that under the General Conditions, any project or activity within 10 kms. from the boundary of:

(i) Protected areas notified under the Wild Life (Protection) Act, 1972,

(ii) Crfitically polluted areas as identified by the Central Pollution Control Board from time to time,

(iii) Eco-sensitive areas as notified under Section 3 of the Environment (Protection) Act, 1986, such as Mahabaleshwar Panchgani, Matheran, Panchmarhi, Dahanu, Doon Valley and

(iv) Inter-State boundaries and international boundaries, are to be examined only by the MoEF&CC and not b