Supreme Court bans uncontrolled soil removal for linear projects

Source– This post on Supreme Court bans uncontrolled soil removal for linear projects is based on the article “Why Supreme Court barred unregulated soil extraction for linear projects” published in “The Indian Express” on 2nd April 2024.

Why in the News?

The Supreme Court has cancelled a notification from the Environment Ministry issued three years ago. This notification exempted the extraction of ordinary earth for linear projects like road and railway construction from needing Environmental Clearance (EC).

What was the notification that exempted earth extraction for Linear Projects?

1. First notification– In 2006, the Environment Ministry released a notification under the Environment (Protection) Act 1986 (EPA), specifying activities necessitating prior Environmental Clearance (EC).

2. Second notification– Later in 2016, a second notification was issued, granting exemptions to certain project categories from this requirement.

3. Third notification– In 2020, a third notification was issued, adding “Extraction or sourcing or borrowing of ordinary earth for linear projects such as roads, pipelines, etc.” to the list of exempted activities.

Basis for Challenging the 2020 Exemption/Notification

1. Violation of Article 14– The exemption faced a challenge in front of the National Green Tribunal (NGT), arguing that permitting unrestricted earth extraction was arbitrary and infringed upon Article 14 of the Constitution of India, as only linear projects were exempted.

2. Violation of SC guidelines on environmental clearance– The petitioner contended that the exemption contradicted the necessity for prior Environmental Clearance outlined by the Supreme Court in the case of Deepak Kumar versus the State of Haryana (2012).

3. Government Response– The Center delayed action on the NGT order until the appellant approached the Supreme Court.

What does the Supreme Court held?

1. Violation of Article 14– The court ruled that the blanket exemption without clear guidance was arbitrary and violated Article 14 because the 2020 notification lacked definitions for ‘linear projects‘ and specifics on extraction quantity and area.

2. No extraction limit set– Additionally, it did not clarify environmental authority’s responsibilities or set extraction limits for soil removal.

3. Question government’s haste in notification issuance– The court questioned the government’s haste in issuing the notification, especially during a nationwide lockdown when linear project construction was halted.

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