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VIKRAM NATH, SANDEEP MEHTA
Harbinder Singh Sekhon – Appellant
Versus
State of Punjab – Respondent
Key Points: - The Supreme Court held that a Change of Land Use (CLU) is impermissible if granted for a polluting industry in a rural agricultural zone where the Master Plan prohibits such use. (!) (!) - A subsequent approval recorded in a Board meeting cannot cure a jurisdictional defect or operate as an amendment to the Master Plan if it does not follow the statutory procedure of publication and gazette notification. (!) (!) - The Court quashed the CLU and the associated No Objection Certificate, ruling that statutory compliance regarding land use must precede permissibility. (!) (!) - The revised CPCB categorization reclassifying "stand-alone grinding units" from "Red" to "Orange" was quashed as it dilutes preventive environmental safeguards. (!) (!) - Relaxations of siting norms without satisfying statutory requirements and without a scientifically substantiated assessment violate the constitutional mandate under Articles 14 and 21. (!) (!) - The Court emphasized that the precautionary principle mandates erring on the side of protection where credible risks to life and health exist. (!) (!) - Financial investment or subsequent mitigation measures cannot justify the continuation of a project that operates in derogation of the statutory planning framework. (!) (!) - The judgment applies to any consent, approval, or permission granted solely based on the impugned reclassification or relaxed safeguards, which shall stand withdrawn. (!)
JUDGMENT :
VIKRAM NATH, J.
At the outset, it may be noted that the present judgment is structured in two parts. The first part addresses the civil appeals arising out of the Special Leave Petitions and examines the legality of the change of Land Use and the impugned judgment of the High Court. The second part separately considers the writ petitions under Article 32 of the Constitution of India, which raise an independent challenge to subsequent regulatory actions taken during the pendency of the appeals.
Part I: For SLP (Civil) No. 8316 of 2024 and SLP (Civil) No. 8495 of 2024
2. Leave granted.
3. The present appeals arise from the common judgment and order dated 29.02.2024 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No. 20134 of 2022 and CWP No. 18676 of 2022. By the impugned judgment, the High Court dismissed the writ petitions and upheld the change of Land Use dated 13.12.2021 granted in favour of “Shree Cement North Private Limited”. Civil Appeal arising out of SLP (Civil) No. 8316 of 2024 has been filed by the writ petitioners in CWP No. 20134 of 2022. Civil Appeal arising out of SLP (Civil) No. 8495 of 2024 has been filed by Vasant Valley Public School, whi
The change of land use for a cement unit was ruled unlawful due to non-compliance with statutory planning frameworks, underscoring the need for adherence to zoning laws and environmental safeguards t....
The court found that a Change of Land Use cannot supersede existing zoning laws and that retrospective approvals cannot remedy statutory deficiencies in environmental clearances.
Post facto environmental clearance is impermissible as it contradicts statutory requirements established by the Coastal Regulation Zone Notification, 2019, which mandates prior clearance.
The insistence in Ext.P8 office memorandum for prior clearance from the Standing Committee for projects within 10 kilometres from National Parks was unsustainable in law as it did not follow the proc....
The main legal point established in the judgment is that the decision to allocate land for setting up a cement plant should be based on factual findings and spot inspection reports, rather than relyi....
Existing industries established before the Eco Sensitive Zone Notification cannot be presumed to be polluting without evidence, and prohibitions against new industries do not apply retroactively.
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
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