BackSC refuses modification of earlier order on ‘green regulator’
SC ruling pertains to French cement company Lafarge quarrying in forests of East Khasi hills in Meghalaya
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New Delhi: The Supreme Court (SC) on Monday said it will not alter its earlier 2011 direction asking the ministry of environment and forests (MoEF) to constitute a “green regulator" for monitoring environmental issues in country.
Reserving its verdict on a plea of the MoEF seeking modification of the 2011 decision, a three-judge bench headed by justice A. K. Patnaik, however, said it may observe that the Centre was free to bring a new law on the issue.
“What we will do is this. We are not going to alter the (Lafarge SA) judgement. We will say it is a clear judgement. In the last para, we can say the legislature is free to make law on it but till the time they have to follow the judgement. We are not going to reopen the issue," the bench, also comprising justices S. S. Nijjar and F. M. Ibrahim Kalifulla, said.
The bench added it will also state in its judgement that till the new law is brought, government will have to comply with the directions of the apex court in 2011 Lafarge judgement that had directed the government to set up a regulator for grant or denial of clearances to projects.
After two years of the Lafarge judgement, MoEF, in October this year, moved the court seeking modification in directions given in the Lafarge judgement.
The government said the regulator will be a “super regulator", which was not needed.
While keeping the powers of granting clearance to itself, the ministry proposed to set up an authority for “monitoring" environmental norms.
The MoEF sought a change in the Lafarge judgement to the extent of removing the direction to set up a regulator and allowing it to establish the proposed authority instead.
While allowing French cement company Lafarge to mine limestone in the forests of East Khasi hills in Meghalaya, the Supreme Court had in July 2011 ordered the Central government to appoint a national regulator for “appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters".
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