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J. K. MAHESHWARI, ATUL S. CHANDURKAR
Neetu Solvents – Appellant
Versus
Vineet Nagar – Respondent
Key Points: - The judgment holds that closure solely for lack of prior EC is unjustified where PCBs granted consents unaware of EC requirement and units complied and sought ex-post facto EC. (!) (!) (!) - Units established and operating under CTE/CTO may continue to operate pending EC decision, with conditions and timelines, and ex-post facto EC can be permissible in appropriate cases. (!) (!) (!) (!) - The Court applies the ratio of Pahwa Plastics (supra) mutatis mutandis to allow ex-post facto EC and continued operation, distinguishing reliance on Dastak N.G.O. which was set aside. (!) (!) (!) (!) - Final directions require the Union of India to decide EC applications within a specified timeframe and restore electricity if disconnected, with implementation steps outlined. (!) (!) - Public consultation may be exempted for units in industrial estates; screening, scoping completed, TOR granted, appraisal pending. (!) (!) (!)
| Table of Content |
|---|
| 1. ngt ordered closure of formaldehyde units lacking ec (Para 1 , 2 , 3 , 4) |
| 2. ex-post facto ec invalid per vanashakti judgment (Para 5 , 6) |
| 3. units established with cte/cto; ec applications pending (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. pahwa distinguished on worker numbers and ec mandate (Para 14 , 15 , 16) |
| 5. pahwa set aside ngt closure for similar units (Para 17 , 18) |
| 6. appellant units mirror pahwa with tor granted (Para 19) |
| 7. pahwa ratio applies; permit operation pending ec (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. In all these appeals, the appellants are the industries, and running the manufacturing units of Formaldehyde, its different resins (including melamine formaldehyde, urea formaldehyde and phenol formaldehyde) in the States of Rajasthan and Haryana. In Civil Appeal No.2881 of 2021, Civil Appeal No.4432 of 2021, Civil Appeal No.4431 of 2021 and Civil Appeal No.4748 of 2021 the units are situated in State of Rajasthan while in Civil Appeal No.4654 of 2021, Civil Appeal No.4908 of 2021 and Civil Appeal No.4902-4903 of 2021 the units are situated in State of Haryana.
2. Three Original Applications were preferred, being O.A. No. 2
Manufacturing units with pollution board consents can operate pending ex-post facto environmental clearance despite lacking prior EC, if applied timely post-direction and comply with norms, avoiding ....
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
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....
Ex post facto environmental clearances should not be routine and must be limited to exceptional circumstances to uphold environmental protections.
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The main legal point established in the judgment is the requirement for fresh appraisal and prior clearance for changes in the scope of construction projects, as well as the applicability of penal pr....
The necessity of prior environmental clearance is critical, but lack of evidence for actual production and environmental harm can invalidate a conviction under the Environment (Protection) Act.
Requirements of prior Environmental Clearance - It is a trite law that a writ cannot be issued on ground of violation of principles of natural justice if only one conclusion is possible in a given si....
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