No Need to Publish Full Environmental Clearance in Newspapers, Says Supreme Court

No Need to Publish Full Environmental Clearance in Newspapers, Says Supreme Court

The Supreme Court on Wednesday (November 19) clarified that project proponents are not required to publish the entire Environmental Clearance (EC) document in local newspapers. The Court held that compliance is sufficient if the publication mentions that the EC has been granted and briefly outlines the key conditions and safeguards attached to it.

A Bench of Justices PS Narasimha and Atul S. Chandurkar delivered the ruling while hearing an appeal by the Talli Gram Panchayat, which had challenged the EC granted on 05.01.2017 to Ultratech Cement for a limestone mining project spread over 193.3269 hectares in Talli and Bambor villages, Gujarat. The National Green Tribunal (“NGT”) had earlier dismissed the Panchayat’s appeal as time-barred, noting that it was filed on April 19, 2017—beyond the statutory limit of 30 days, extendable to 60 days.

Before the Supreme Court, the Appellant argued that they became aware of the EC only on 14.02.2017 through an RTI response, and therefore, the limitation period should start from that date. It was further contended that the full EC was never published in a local newspaper as allegedly required under Clause 10 of the EIA Notification, 2006.

Rejecting these submissions, the Court upheld the NGT’s earlier decision in V. Sundar Proprietor Chemicals, India v. Union of India, which held that while project proponents must publicise the grant of EC, there is no legal mandate to publish the entire EC document in the press.

Accordingly, the Supreme Court ruled that the limitation period must be calculated from the earliest point at which the EC is made publicly accessible—whether through the Ministry’s website, a newspaper announcement, or communication by any authorised official.

Cause Title: Talli Gram Panchayat vs. Union of India & Ors.

 

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