D. SWAMY versus KARNATAKA STATE POLLUTION CONTROL BOARD AND ORS

D. SWAMY versus KARNATAKA STATE POLLUTION CONTROL BOARD AND ORS

The appeal is dismissed: while the need for prior EC is mandatory, the EP Act does not prohibit ex post facto EC and such clearances may be granted in exceptional cases in accordance with law; where a bio-medical waste facility was operating with requisite consent to operate and conformed to pollution norms, it could not be closed solely for want of prior EC; the NGT therefore rightly refused closure and there was no ground to interfere with its order; the appeal was also barred by delay and raised no substantial question of law.

Parties
Appellant: D. Swamy; Respondent: Karnataka State Pollution Control Board; Respondent: Respondent No.3
Jurisdiction
India
Judgment Date
22 September 2022
Procedural Posture
Civil Appeal Under Section 22 of the National Green Tribunal Act, 2010 / Appeal Against Final Order Dated 10.05.2017 of the National Green Tribunal, Southern Zone, Chennai
Outcome
Appeal dismissed
Legal Topics
Ex Post Facto Environmental Clearance, Environmental Impact Assessment Notification 2006, Polluter Pays Principle, Standard Operating Procedure for Violation Cases, Consent to Operate Under Water and Air Acts
Environmental Law Administrative Law Pollution Control Law Ex Post Facto Environmental Clearance Environmental Impact Assessment Notification 2006 Polluter Pays Principle Standard Operating Procedure for Violation Cases Consent to Operate Under Water and Air Acts

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Parties

D. Swamy

Appellant

Karnataka State Pollution Control Board

Respondent

Respondent No.3

Respondent

Procedural Posture

Civil Appeal Under Section 22 of the National Green Tribunal Act, 2010 / Appeal Against Final Order Dated 10.05.2017 of the National Green Tribunal, Southern Zone, Chennai

Legal Issues

  1. 1 Whether ex post facto Environmental Clearance (EC) is permissible under the Environment (Protection) Act, 1986 and related notifications
  2. 2 Whether a Common Bio-Medical Waste Treatment Facility operating with consent to operate can be closed for want of prior EC under the 2006 EIA Notification as amended
  3. 3 Whether the Office Memorandum/SoP and Notification S.O. 804(E) dated 14.03.2017 are valid and applicable

Ratio Decidendi

The appeal is dismissed: while the need for prior EC is mandatory, the EP Act does not prohibit ex post facto EC and such clearances may be granted in exceptional cases in accordance with law; where a bio-medical waste facility was operating with requisite consent to operate and conformed to pollution norms, it could not be closed solely for want of prior EC; the NGT therefore rightly refused closure and there was no ground to interfere with its order; the appeal was also barred by delay and raised no substantial question of law.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No interference with the National Green Tribunal order dated 10.05.2017