Case Note & Summary
The case involved an appeal against a judgment by the National Green Tribunal (NGT) concerning the appellant's housing project in Gurgaon, Haryana. The appellant, M/s Sweta Estate Pvt. Ltd., initially applied for Consent to Establish (CTE) under the Air and Water Acts in 2006, receiving environmental clearance in 2007. However, subsequent applications for renewal of CTE were rejected, leading to a show cause notice for closure in 2015. The appellant sought environmental clearance for project expansion in 2017, which was granted, but the Board also approved prosecution for prior violations. The NGT quashed a prior order by the Appellate Authority that had set aside the prosecution approval, stating that the environmental clearance could not condone illegal construction. The appellant contended that the NGT exceeded its jurisdiction by addressing the expired environmental clearance issue. The court analyzed the scope of the NGT's appeal and determined that it should not have considered the legality of construction activities conducted without consent, as this was not part of the appeal's focus. The court partially allowed the appeal, setting aside the NGT's findings on the expired clearance while confirming the order regarding the prosecution approval. The decision emphasized the necessity of obtaining proper consent for construction activities under environmental laws.
Headnote
A) Environmental Law - Consent to Establish - Requirement of Consent - Air (Prevention and Control of Pollution) Act, 1981, Section 21; Water (Prevention and Control of Pollution) Act, 1974, Sections 25, 26 - The appellant required Consent to Establish under the Air and Water Acts for its housing project. The court held that the NGT should not have addressed the legality of construction activities conducted without consent, as it was beyond the scope of the appeal before it (Paras 7-12).
Issue of Consideration
Whether the National Green Tribunal exceeded its jurisdiction in addressing the validity of environmental clearance and the legality of construction activities undertaken without consent.
Final Decision
The Supreme Court partially allowed the appeal, set aside the NGT's findings regarding the expired environmental clearance, and confirmed the order approving prosecution against the appellant.
Law Points
- Consent to Establish
- Environmental Clearance
- Ex-post Facto Consent
- Prosecution under Environmental Laws
