The Supreme Court struck down two notifications by the Union Environment Ministry that allowed industries to operate or expand without taking prior environmental clearance.
Taking "prior approval" is a key rule under the Environment Impact Assessment (EIA) Notification of 2006.
The ministry had allowed violators to regularise their projects later by paying fines, through a 2017 notification and a 2021 standard procedure.
These changes were made through executive orders, not by amending the EIA law in Parliament.
The government justified this by saying earlier attempts to fix such issues started in 2012–13 under the UPA government but were struck down only on technical grounds.
It also argued that shutting down running factories would harm jobs and worsen pollution.
The Court acknowledged the reasoning but said the principle of “prior” approval cannot be ignored.
Companies that got regularised under the 2017 and 2021 rules will not be affected by this ruling.
The case highlights the failure of environmental enforcement by regional boards.
The judgment sends a message that legal shortcuts in the name of economic growth will not be tolerated and stricter enforcement is needed.
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