Centre allows pause in environmental clearance validity during court stays, experts raise concerns
New Delhi: The Union environment ministry has decided that the period during which infrastructure projects remain stalled due to court proceedings or cases before the National Company Law Tribunal will not be counted towards the expiry of their environmental clearances. The move is expected to benefit several large projects currently held up in litigation, including the Great Nicobar Holistic Development Project.
The decision, issued through an office memorandum on October 30, states that delays caused by legal challenges are beyond the control of project developers, and often lead to environmental clearances expiring before construction or production can begin. Under existing rules, if a project does not start operations or complete construction within the validity period of the clearance, a fresh clearance is required which is a process that can add further delays.
The ministry said the validity period will now be adjusted to exclude the duration of litigation or insolvency proceedings, effectively treating that time as “zero period” for calculating the clearance validity. The change, it said, is intended to “rationalise” the timeline so that project proponents are not penalised for delays arising from legal disputes.
However, where litigation-related delays stretch beyond three years, state pollution control boards will be required to review site conditions and may add additional safeguards at the stage of issuing Consent to Operate.
The decision comes even as key projects under litigation continue to face scrutiny. The Great Nicobar project is under challenge before the National Green Tribunal, while several hydropower projects in Uttarakhand have remained stayed by the Supreme Court since 2013.
Mallika Bhanot who is a member of the Ganga Ahvaan collective has criticised the relaxation, saying that in regions such as Uttarakhand, where landscapes have changed significantly due to repeated disasters, an older clearance may no longer reflect current ecological realities. “To consider earlier clearances as valid in a post-disaster Himalayan state will have severe ramifications,” she said.
Debadityo Sinha of the Vidhi Centre for Legal Policy said the new provision alters a core condition laid out in the Environment Impact Assessment Notification, 2006, which has the force of law under the Environment (Protection) Act. “An office memorandum cannot override a statutory notification,” he said, adding that the move could dilute accountability and allow projects previously flagged for violations to benefit from ongoing stays.
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Minor girl kidnapped and raped; main accused and two cafe owners held
Latur (PTI): A minor girl was allegedly kidnapped and raped by an 18-year-old man in Latur, leading to the arrest of the main accused and owners of two cafes where the crime occurred on December 4, police said on Saturday.
Police traced the girl within hours of registering the complaint. The accused, identified as Rihan Gulab Shaikh, was arrested based on the girl's complaint. Two others are owners of two cafes where the crime occurred, police said.
Police registered a case under various sections of the Bharatiya Nyay Sanhita (BNS), POCSO Act, and the Prevention of Atrocities Act, an official said.
