SC Barred Unregulated Soil Extraction for Linear Projects

Context

The Supreme Court invalidated a notification issued by the Union environment ministry in March 2020. 

• The Environment Ministry, in March 2020, exempted the extraction of ordinary earth for linear projects like roads and railways from requiring Environmental Clearance (EC).

What was the Notification that Exempted Soil Extraction for Linear Projects?

Background: In September 2006, the Environment Ministry outlined activities necessitating prior Environmental Clearance (EC) under The Environment (Protection) Act, 1986.

• Later, a second notification in January 2016 exempted specific project categories from this EC requirement.

The 2020 Exemption: A third notification in March 2020 extended exemptions to include “Extraction or sourcing or borrowing of ordinary earth for linear projects” such as roads and pipelines.

• Objective: The exemption was intended to synchronize with amendments in the Mines and Minerals (Development and Regulation) Act of 1957.
  • These changes allowed new lessees to carry on mining operations for a period of two years by using the clearances and licenses obtained by their predecessors.
• Reasoning for the Exemption:
• • According to The government,  the exemption was important to assist the general public.
  • They claimed it would be beneficial for a variety of groups, including potters, farmers, gram panchayats, and roads in Gujarat.

Challenges Before 2020 Exemption

Reasons for Challenging the Exemption:

• Unrestricted digging of earth: The exemption was questioned in front of the NGT mainly because it allowed unrestricted digging of earth, which was seen as unfair and breaking Article 14 of the Indian Constitution.
• Contradictory rule: The exemption was against the rule that projects should get Environmental Clearance (EC) beforehand, as decided by the Supreme Court in a previous case in 2012.
• Non-inclusion of public opinions: There were challenges because the Ministry didn’t follow the right legal steps by not asking for public opinions before releasing the 2020 notification. 
  • They said this happened during the COVID-19 lockdown, and it seemed to benefit private miners and contractors.

Supreme Court’s Critique of On 2020 Exemption

• Violation of article 14 of the constitution: The SC criticized the exemption as arbitrary and violating Article 14 of the Constitution due to its blanket nature.
• Absence of ‘linear projects’: It highlighted the absence of definitions for ‘linear projects’ and lacked specifications on extraction quantity and area.
  • The court noted the Ministry’s failure to justify bypassing public notice requirements, especially during the COVID-19 lockdown.
    • Even the subsequent August 2023 notification was deemed insufficient, lacking clarity on linear projects and environmental safeguards.

Past Judicial Scrutiny

Similar exemptions under the Environment Protection (EP) Act faced legal scrutiny previously.

• NGT quashing exemptions: Instances include the NGT quashing exemptions for building and construction activities in 2018 and ex-post facto Environmental Clearance (EC) grants in 2015.
  • The SC also intervened in 2021 to halt a Ministry notification granting approvals to projects in violation categories.
• The Kerala High Court:  Similarly,  Kerala High Court quashed a 2014 exemption for educational institutions and industrial sheds in March 2024.

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