SC by 2:1 majority recalls verdict barring post-facto green clearances, Justice Bhuyan dissents
New Delhi (PTI): The Supreme Court, by a 2:1 majority, on Tuesday recalled its May 16 judgment that had prohibited the Centre from granting retrospective environmental clearances (ECs) to projects found violating environmental norms.
A bench comprising Chief Justice B R Gavai, Justice Ujjal Bhuyan and Justice K Vinod Chandran delivered three separate verdicts on a batch of nearly 40 review and modification pleas filed against the Vanshakti judgment.
The May 16 verdict by a bench of Justice A S Oka, since retired, and Justice Ujjal Bhuyan had barred the Ministry of Environment, Forests and Climate Change (MoEFCC) and the authorities concerned from granting retrospective ECs to projects which are found in violation of environmental norms.
CJI Gavai and Justice Chandran recalled the May 16 verdict and placed the matter before an appropriate bench for reconsideration of the issues afresh.
“Public projects of Rs 20,000 crore will have to be demolished if the clearance is not reviewed. In my judgment, I have allowed the recall. My judgment has been criticised by my brother..Justice Bhuyan,” the CJI said.
Justice Bhuyan delivered a strong dissent, holding that retrospective clearances are unknown to environmental law.
He maintained that “there is no concept of ex-post facto environmental clearance in environmental law,” describing the very idea as “an anathema, a curse devoted to evil, to environmental jurisprudence.”
The CJI said the court had “found that in the 2013 notification as well as the 2021 Office Memorandum, the scheme was to permit grant of environmental clearance on the imposition of heavy penalties.”
The detailed judgement is awaited.
On October 9, a bench headed by the CJI had reserved the verdict after hearing several senior advocates, including Kapil Sibal, Mukul Rohatgi, and Solicitor General Tushar Mehta, appearing for various industrial and infrastructural entities as well as government bodies, in favour of the review or modification of the impugned judgement.
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Confident about Cong winning bypolls in Karnataka, guarantee schemes helping us: Siddaramaiah
Davangere (Karnataka) (PTI): Karnataka Chief Minister Siddaramaiah on Wednesday expressed confidence that Congress candidates will win both the Bagalkot and Davanagere South assembly bypolls in the state by a huge margin, as the government's five guarantee schemes will help the party.
Asserting that Karnataka's economy is in good shape, he accused the BJP of making negative statements for political gain.
The CM is in Davanagere to campaign for Congress candidate Samarth Mallikarjun, after campaigning for Umesh Meti in the Bagalkot segment for the last two days.
Bypolls for the Bagalkot and Davanagere South Assembly constituencies will be held on April 9. The polls were necessitated following the deaths of senior Congress MLAs H Y Meti and Shamanur Shivashankarappa, respectively.
"I'm confident that we will win in both constituencies by a big margin because of our government's good work. Our guarantee schemes ('Shakti', 'Gruha Lakshmi', 'Gruha Jyoti', 'Yuva Nidhi' and 'Anna Bhagya') are helping us. The BJP opposed guarantee schemes because they are programmes for the poor and they always oppose such initiatives," Siddaramaiah said.
Speaking to reporters here, he said over Rs 1.31 lakh crore has been spent on the guarantee schemes so far.
Noting that there are two types of economic theory -- trickle-down economics and universal basic income -- the CM said, "We believe in universal basic income theory because Basavanna, Ambedkar, Gandhiji, among others, wanted the focus to be on eliminating the sufferings of the last man."
"Through the guarantee schemes, the government is providing benefits to the poor in society -- irrespective of their language, caste or religion -- directly to their bank accounts, without any interference from middlemen," he said, as he rejected the BJP's allegations of corruption in guarantee schemes.
Pointing out that the BJP also claims the treasury is empty because of the guarantee schemes and that the state is being pushed into a debt trap, Siddaramaiah said the state's finances were better managed compared to the central government and most of the states where the saffron party is in power.
Karnataka is number two in the country in GST collection and attracting investments. "Then how is the BJP saying that Karnataka's economic situation is not in good shape? They are making such statements for the sake of politics...Karnataka's economic situation is strong. The BJP is lying," he said.
He also claimed that prices of petrol, diesel and other essentials cost less in Karnataka compared to other neighbouring states in South India.
Karnataka's economy is strong and stable, Siddaramaiah said, as he questioned the Modi government over the falling rupee against the dollar, 'Ache din,' doubling farmers' income, and generating 2 crore jobs every year.
The CM also assured of more funds for Davanagere's development saying, "This is bypolls, not general elections. We will give more funds. We are in power and Congress will be in power for two years."
