M/S SAI BABA SALES PVT. LTD. versus UNION OF INDIA

M/S SAI BABA SALES PVT. LTD. versus UNION OF INDIA

The Supreme Court endorsed the NGT’s protection of the already completed construction: the four constructed buildings are to be treated as being under a valid Environmental Clearance granted by the PCMC on 28.11.2017 (the competent authority at the relevant time), applying the doctrine of legitimate expectation because the Project Proponent acted in accordance with the prevailing regime and made substantial investments; however, any further construction requires fresh clearance from the competent authority as per the currently applicable framework.

Parties
Appellant / Project Proponent: M/S Sai Baba Sales Pvt. Ltd.; Respondent: Union of India; Original Applicant / Respondent: Original Applicant (Pune resident, respondent No.10)
Jurisdiction
India
Judgment Date
26 November 2021
Procedural Posture
Civil Appeal Under Section 22 of the National Green Tribunal Act, 2010 / Disposed by Supreme Court Judgment Dated 26.11.2021
Outcome
Appeals disposed of; Supreme Court endorsed NGT's protection of completed construction and imposed conditions on further construction
Legal Topics
Environmental Clearance, Environmental Impact Assessment (eia) Notification, Doctrine of Legitimate Expectation, Validity of Environmental Clearance
Environmental Law Administrative Law Judicial Review Environmental Clearance Environmental Impact Assessment (eia) Notification Doctrine of Legitimate Expectation Validity of Environmental Clearance

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Parties

M/S Sai Baba Sales Pvt. Ltd.

Appellant / Project Proponent

Union of India

Respondent

Original Applicant (Pune resident, respondent No.10)

Original Applicant / Respondent

Procedural Posture

Civil Appeal Under Section 22 of the National Green Tribunal Act, 2010 / Disposed by Supreme Court Judgment Dated 26.11.2021

Legal Issues

  1. 1 Whether the Project Proponent possessed a valid Environmental Clearance under the EIA notification dated 14.9.2006 and subsequent notifications
  2. 2 Effect of the MoEFCC notification dated 9.12.2016 and the NGT judgment dated 8.12.2017 on ECs granted by local authorities (PCMC) in the interregnum
  3. 3 Whether the doctrine of legitimate expectation protects already completed construction carried out on the basis of EC obtained from the competent authority of the relevant time

Ratio Decidendi

The Supreme Court endorsed the NGT’s protection of the already completed construction: the four constructed buildings are to be treated as being under a valid Environmental Clearance granted by the PCMC on 28.11.2017 (the competent authority at the relevant time), applying the doctrine of legitimate expectation because the Project Proponent acted in accordance with the prevailing regime and made substantial investments; however, any further construction requires fresh clearance from the competent authority as per the currently applicable framework.

Court Disposition

Appeals disposed of; Supreme Court endorsed NGT's protection of completed construction and imposed conditions on further construction

Orders

  • The four constructed buildings are to be treated as being under a valid Environmental Clearance granted on 28.11.2017 by the Pimpri Chinchwad Municipal Corporation and to have all legal consequences thereof
  • The Project Proponent shall not undertake any further construction on the strength of the EC dated 28.11.2017; any further construction requires fresh clearance from the competent authority under the currently applicable framework