21 March 2024 Environment Protection >> Environmental Law  

The Supreme Court of India is currently adjudicating the validity of a notification issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC). The notification exempts the extraction of ordinary earth for linear infrastructure projects from the requirement of obtaining an environmental clearance (EC) under the Environment (Protection) Act, 1986 (EP Act).

The EP Act mandates prior EC for specified categories of projects to ensure environmental protection. A prior notification established a list of projects requiring EC. However, the impugned notification introduced an exemption under Item 6 of Appendix IX, specifically for the extraction of ordinary earth for linear projects.

The appellant contends that the exemption violates the overarching environmental protection objective enshrined within the EP Act. Furthermore, the appellant argues that the exemption is arbitrary and violative of Article 14 of the Indian Constitution, which guarantees the right to equality before the law. They assert that the exemption confers an undue advantage on certain projects and bypasses the established procedure for issuing such notifications under the EP Rules, which necessitates public notice and consideration of objections.

The MoEF&CC justifies the exemption by highlighting its conformity with recent amendments to the Mines and Minerals (Development and Regulation) Act and its responsiveness to industry requests for streamlining the process for obtaining ordinary earth for linear projects.

Following an initial challenge before the National Green Tribunal (NGT), the MoEF&CC issued an amended notification outlining Standard Operating Procedures (SOPs) for availing the exemption.

The Supreme Court's current focus is on the legality of the exemption in light of the contentions raised. The Court's purview is limited to the specific exemption for ordinary earth extraction as delineated within the broader notification.

Environment (Protection) Act, 1986    

Mines and Minerals (Development and Regulation) Act, 1957