NEW DELHI: In a huge relief to Union and state govts, Supreme Court on Tuesday recalled its May 16 judgment in which it had directed demolition of public projects worth Rs 20,000 crore as these were granted ex-post facto environmental clearance (EC) after payment of penalty. Steel Authority of India, through solicitor general Tushar Mehta, and Karnataka govt, through senior advocate Kapil Sibal, had sought recall of the SC judgment, which had said that despite the payment of penalty, all projects – those being executed and even those operationalised – must be stopped and demolished.
A bench of CJI B R Gavai, and Justices K Vinod Chandran and Ujjal Bhuyan by a 2-1 majority agreed to recall the judgment. CJI Gavai, in the majority view, said if the judgment is not recalled, it will result in demolition of buildings or projects constructed with Rs 20,000 crore of public exchequer money. AIIMS in Odisha, and a greenfield airport in Karnataka were among the projects cited by the CJI.If not recalled, judgment will have serious impact, says CJI; Justice Bhuyan dissents The Chief Justice cited three such projects – AIIMS in Odisha, a greenfield airport in Karnataka, and a huge effluent treatment plant. Apart from this, CREDAI had pointed out that several of its projects also faced a similar fate. CJI Gavai said the May 16 judgment suffered from a dichotomy as, on the one hand, it had allowed mining companies to suspend their operations and seek post-facto environmental clearance (EC) and resume operations after paying compensation, while, on the other, it faulted ex-post facto EC to public projects and ordered their demolition.The solicitor general placed before SC details of 24 central projects worth Rs 8,293 crore pending for approval and another 29 projects worth Rs 11,169 crore in states languishing for lack of approval. Mehta said all these projects have got EIA (environmental impact assessment) clearance and are awaiting final environmental clearance.Because of an SC stay on Jan 2, 2024, environmental clearance could not be granted to these projects. If these projects, nearing completion, are demolished just because they were given ex-post facto EC, it would have a devastating impact on public interest and the exchequer, he said.CJI Gavai weighed the question: “Whether it would be in the public interest to demolish all such projects and permit the money spent from the pocket of the public exchequer to go in the dustbin?”Justice Gavai said, “If the judgment under review is not recalled, it will have serious consequences in terms of demolition of projects which are either completed or about to be completed soon and which are of vital public importance constructed out of the public exchequer… and thousands of crores of rupees would go in waste.” Demolition of a large number of buildings would also create more pollution, he added.Justice Bhuyan, who was part of the bench presided by Justice A S Oka which had authored the May 16 judgment, dissented and said the verdict does not warrant interference. Criticising CJI Gavai’s opinion as an innocent one overlooking the fundamentals of environment jurisprudence, he said, “Precautionary principle is the cornerstone of environmental jurisprudence. ‘Polluter pays’ is only a principle of reparation. Precautionary principle cannot be given a short shrift by relying on polluter pays principle. The review judgment is a step in retrogression.” Go to Source
