SC bars Centre from granting retrospective environmental clearances
New Delhi, May 16 (PTI): The Supreme Court on Friday said the right to live in a pollution free atmosphere was a part of the fundamental right as it struck down Centre’s office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, "The Union Government, as much as individual citizens, has a constitutional obligation to protect the environment.”
The court said it "must come down very heavily" on the Centre's attempt to do "something which is completely prohibited under the law".
It added, "Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this court…."
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars “arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006".
The Centre, as a result, was restrained from issuing directions for grant of ex post facto clearances in any form or manner or for regularising the acts done in contravention of the EIA notification.
“Under Article 21 of the Constitution, the right to live in a pollution free environment is guaranteed. In fact, the 1986 Act has been enacted to give effect to this fundamental right… Therefore, even the Central Government has a duty to protect and improve the natural environment,” it said.
The court ruled these measures unlawfully permitted the regularisation of projects that had violated environmental laws.
“This court in several decisions has held that the right to live in a pollution free atmosphere is a part of the fundamental right guaranteed under Article 21 of the Constitution of India,” Justice Oka, writing for the bench, said.
Referring to a March 14, 2017 a notification of the Ministry of Environment, Forest and Climate Change, the bench said it was made applicable to projects or activities that have started the work on site, expanded production beyond the limit of EC, or changed the production mix without obtaining EC.
“There is already a concluded finding of this court that the concept of ex post facto or retrospective EC is completely alien to environmental jurisprudence and the EIA notification,” it added.
The violation of the condition of obtaining prior EC must be dealt with heavy hands, it said.
“In environmental matters, the courts must take a very strict view of the violations of the laws relating to the environment. It is the duty of the Constitutional courts to do so,” it said.
The bench illustrated the drastic consequences of large-scale environmental degradation on human lives in Delhi and several other cities.
“At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing,” it said.
The bench said the OM was violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment and it also infringes the right to health guaranteed under Article 21 of the Constitution.
Trashing the OM, the bench asked, “Can there be development at the cost of the environment? Conservation of environment and its improvement is an essential part of the concept of development.”
The top court further opined courts should come down heavily on such attempts.
"As stated earlier, the OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment,” it noted.
Apart from the violation of Article 21, such an action was stated to be in complete violation of Article 14 (right to equality) aside from being violative of the 1986 Act and the EIA notification.
The bench, however, said the ex post facto environmental clearances granted in certain cases both under the 2017 notification and the 2021 OM, at the present stage, wouldn't be disturbed.
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New Zealand women's captain Sophie Devine to retire from ODIs after World Cup
Auckland, Jun 17 (PTI): New Zealand women's team captain and prolific all-rounder Sophie Devine will retire from the ODIs after the World Cup in India and Sri Lanka later this year.
The 35-year-old is widely regarded as one of the most prolific all-rounders in women's cricket, having amassed 3990 runs from 152 ODIs at an average of 31.66 with the help of eight centuries. She has also scored 3431 runs from 146 T20Is with one century.
She has also taken 107 and 119 wickets in the ODIs and T20Is respectively. She, however, has not played in any Test.
"It feels like the right time for me to start stepping away. I feel very fortunate to have NZC’s support in finding a solution that means I can still give to the WHITE FERNS," said Devine in a statement issued by New Zealand Cricket on Tuesday.
Devine's statement came ahead of the announcement of the 17 centrally contracted players by New Zealand Cricket (NZC) on Wednesday. She will remain available for T20I cricket on a "casual playing arrangement" but will not be centrally contracted.
"It's important that everyone knows I'm focused and dedicated to giving this group everything I can before I step away. I'm really excited by where this young group’s going and I'm looking forward to playing my part in the next six to nine months."
Her decision to retire after the ODI World Cup in India and Sri Lanka from September 30 to November 2 came after Devine took a break from cricket to prioritise her mental health in January. She will lead the team in the ODI World Cup in September.
Devine was permanent captain of the White Ferns in 2020, and has since led the team to new heights, including a bronze medal at the Commonwealth Games in 2022 and a maiden ICC Women's T20 World Cup victory last year.
NZC's head of women's high performance Liz Green said Devine had the organisation's full support.
"Sophie's given nearly 20 years of service to the White Ferns and NZC is fully supportive of her quest to find more balance at this stage in her career," Green said.
"We're pleased to be able to reach an agreement that means she can continue to be involved with the White Ferns on a case-by-case basis, whilst opening up the opportunity for another player to be contracted in full."
NZC Chief Executive Scott Weenink praised Devine’s contribution to the White Ferns.
"Sophie has been an extraordinary leader and ambassador for the WHITE FERNS. Supporting her move to a casual playing agreement will allow her to continue contributing to the WHITE FERNS environment," he said.
The White Ferns are scheduled to begin their World Cup campaign against seven-time champions Australia on October 1 in Indore.
