🛑 Supreme Court Strikes Down Exemption from Environmental Clearance for Road and Pipeline Projects
Based on the full judgment in Noble M. Paikada v. Union of India, 2024 INSC 241 (decided on 21 Ma🚨 Background: What Was Exempted?
In March 2020, the Ministry of Environment, Forest and Climate Change (MoEF&CC) issued a controversial notification exempting extraction of ordinary soil for linear projects like roads, pipelines, and similar infrastructure from requiring prior Environmental Clearance (EC). This amendment (Item 6 in Appendix IX of the 2020 Notification) was issued without public consultation, during the early days of the COVID-19 lockdown.
A public-spirited citizen, Noble M. Paikada, challenged this exemption before the National Green Tribunal (NGT), and subsequently in the Supreme Court of India.
⚖️ Supreme Court's Key Observations
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Violation of Article 21
The Court reaffirmed that Article 21 guarantees the right to a pollution-free environment, and any dilution of environmental safeguards without due process violates this constitutional protection. -
No Public Consultation
Unlike previous amendments, the 2020 Notification was issued without inviting objections from the public, violating Rule 5(3) of the Environment (Protection) Rules, 1986. The Court held that public participation is vital in environmental governance. -
Issued in Undue Haste
The notification came just two days after the COVID-19 lockdown began. Since construction activities were stalled, there was no urgency to skip the consultation process. This hastiness showed non-application of mind, rendering the process arbitrary. -
Vague and Arbitrary Language
The Court found that:-
The term "linear projects" was undefined.
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There was no mention of limits on how much soil could be excavated.
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No authority was designated to enforce environmental safeguards.
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The exemption was broad and unguided, leading to potential abuse.
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Even the 2023 Amended Version Failed
Though a revised notification was issued in August 2023, it still lacked clarity, enforceable SOPs, or definitions. The Court concluded that both the original and amended Item 6 were unconstitutional.
📌 Final Verdict
✅ The Supreme Court struck down Item 6 of both:
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The 28 March 2020 notification
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The 30 August 2023 amended notification
🔴 Reason: Violation of Articles 14 and 21 of the Constitution, arbitrariness, lack of public participation, and failure to comply with environmental law procedures.
📝 Legal Significance
This ruling sets an important precedent affirming that:
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Environmental laws cannot be diluted without due consultation.
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The precautionary principle and public participation are central to environmental justice.
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Development must be balanced with ecological responsibility.
🧑⚖️ For Legal Professionals and Environmental Advocates
This judgment empowers litigants and public interest groups to challenge arbitrary relaxations of environmental norms. It also reminds the government that transparency and accountability are non-negotiable, even in policy matters.