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The Supreme Court on Monday asked the Centre to set up a national regulatory body to process environmental clearance for industrial projects, rejecting the latter’s contention that there was no need for such a “super-regulatory body”. The apex court said till a new law is passed, the government should follow its 2011 Lafarge judgment that had directed the government to set up a “green regulator” for grant or denial of clearances to projects.
In the Lafarge judgment, dealing with the environmental aspects of the French cement firm operating on the eastern border, the Supreme Court had directed the Centre to set up a regulatory body to lighten the burden of the court, which has to look into each minor issue raised by individual industries.
However, this order has not been complied with so far, leading to an application for an order to set up such a panel.
The government had vehemently opposed the proposal, contending the present arrangement under the environmental laws was adequate to handle environmental issues. The Ministry of Environment and Forests had contended that “requisite regulatory mechanism for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters is already in place. The ministry, in consultation with ministries concerned, departments in the Central government and state governments, and guidance of this court, is making serious efforts to streamline and strengthen the same.”
Monday’s order by a bench headed by A K Patnaik reiterated the demand of the court made in the Lafarge judgment. The court also asked the government to initiate the process within two months.
A special bench of the Supreme Court is now devoting a day only to deal with the grievances of the industrial units all over the country and on such days, about 4,000 applications are placed before it.
Only a few of them are argued or disposed of in the courtroom choked with company executives and lawyers. Although a National Green Tribunal was set up recently, it has only marginally reduced the court’s burden.
