SC asks Centre to set up regulator for environmental clearance

All future projects to comply with April 26, 2011 O M issued by the MoEF

PTI | July 7, 2011



Giving detailed guidelines, the Supreme Court today asked the centre to set up a national regulator to overlook matters related to environmental clearances and its enforcement and imposing penalties on violators.

A special forest bench headed by the chief justice S H Kapadia on Wednesday asked the government to put the regulatory mechanism in place and file a compliance report within six months.

"We are of the view that under Section 3(3) of the Environment (Protection) Act, 1986, the Central Government should appoint a National Regulator for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters," said the apex court, while deciding the Lafarge matter.

The Supreme Court's direction came while deciding the issue of enviornment clearance given by the Environment ministry to French cement firm Lafarge to mine in the forests of Meghalaya.

The apex court further said that till such regulatory mechanism comes into place, the companies, which need a rapid Environment Impact Assessment of their projects, should obtain it from a panel of accredited institutions, instead of the state machineries.

"... till the time such mechanism is put in place, the MoEF should prepare a Panel of Accredited Institutions from which alone the project proponent should obtain the rapid EIA and that too on the Terms of Reference to be formulated by the MoEF," the apex court said.

In the 115 page long order, the apex court gave many guidelines regarding the environment clearances and said that it can "review the decision-making process to ensure that the decision of MoEF is fair and fully informed, based on the correct principles".

The court further said that in all future projects, the companies proposing project shall comply with the Office Memorandum issued by the MoEF on April 26, 2011. .

 

Comments

 

Other News

How Rafi, Raj Kapoor helped pave the way for a great uranium deal

There`s a certain moment in diplomacy that`s too personal to be captured in a communiqué, too small to make the front page, but more revealing than the front page. This week, prime minister Narendra Modi reached Tashkent and, amid the pomp of state visits, managed to evoke the old Bollywood tunes

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

The Constitution cannot be altered: Justice Abhay Oka

Justice Abhay Oka, who retired from the Supreme Court in May 2025, has said that the Constitution of India cannot be altered. Explaining the landmark Kesavananda Bharati judgment (1973) on the basic structure of the Constitution, he said, “This is one judgment that has saved democracy in India.&rdq

How the flora and fauna evolved in the Indian subcontinent

Mammals of India  By A.J.T. Johnsingh and P.O. Nameer HarperCollins India in association with Bombay Natural History Society  

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter