Noble M. Paikada vs. Union of India [Supreme Court, March 21, 2024]
Background
The case centered on the validity of a notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) on March 28, 2020, during the COVID-19 pandemic. This notification, specifically Item 6 of Appendix IX, granted a blanket exemption from prior Environmental Clearance (EC) for the excavation or sourcing of ordinary earth for linear projects such as roads, pipelines, and transmission lines. The notification was issued without public consultation and bypassed established environmental safeguards set out in the Environment (Protection) Act, 1986 (EP Act) and the Environmental Impact Assessment (EIA) Notification, 2006.
Legal Challenge
Noble M. Paikada, an environmental advocate, challenged the notification before the National Green Tribunal (NGT), arguing that it violated the principles of environmental protection, transparency, and public participation. The NGT acknowledged the need for certain exemptions but emphasized the necessity of safeguards and regulatory oversight. Dissatisfied with the partial relief, Paikada appealed to the Supreme Court.
Key Issues
Whether the 2020 notification’s blanket exemption for linear projects from EC was arbitrary and unconstitutional.
Whether the notification violated the principles of sustainable development, environmental protection, and public participation.
Whether the Union Government could legally bypass statutory safeguards and public consultation in environmental decision-making.
Supreme Court’s Findings
The Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, held that the notification was arbitrary, violated Articles 14 and 21 of the Constitution, and was inconsistent with India’s environmental jurisprudence.
The Court emphasized that environmental clearance is not a mere formality but a crucial safeguard for protecting the environment and public health for present and future generations.
The notification was struck down for procedural lapses, including the absence of public consultation and non-compliance with prior judicial directives.
The Court reiterated the importance of transparency, data-driven decision-making, and community rights in environmental governance.
Impact and Significance
The judgment reaffirmed that environmental rights are constitutional rights and that no authority can bypass public scrutiny or override ecological balance for short-term development gains.
Projects initiated and work-ordered between March 28, 2020, and March 21, 2024, were allowed to remain unaffected, but all future projects must comply with EC requirements.
The ruling is seen as a landmark in Indian environmental law, reinforcing the judiciary’s role in upholding environmental protections and procedural safeguards.
Citation:
Noble M. Paikada vs. Union of India, Supreme Court of India, Civil Appeal Nos. 1628-1629 of 2021, Judgment dated March 21, 2024.
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