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Context:

• The Supreme Court has set aside a notification issued by the Environment Ministry three years ago that exempted extraction of ordinary earth for linear projects, such as road and railways construction, from obtaining Environmental Clearance (EC).

What was the 2020 exemption?

• In September 2006, the Environment Ministry had issued a notification under The Environment (Protection) Act, 1986, on activities that would require prior EC. In January 2016, a second notification was issued, exempting certain categories of projects from this requirement.
• The third notification of March 2020 added “Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc” to the list of exempted activities.
• The Centre argued before the NGT that the exemption was necessary “for the aid of general public”, and would help “the kumhars (potters), farmers, gram panchayats, vanjara, oads of Gujarat”, and all non-mining activities identified by the states. It also said that grant of exemption was a policy matter that did not warrant judicial interference.
• The general purpose of the 2020 notification was to conform to the amendments made to the Mines and Minerals (Development and Regulation) Act, 1957, in March 2020, allowing new lessees to continue mining for two years with the statutory clearances and licences issued to their predecessors.

Timeline-

• March 2020-“Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc” to the list of exempted activities.
• April 2020- The exemption was challenged before the NGT on the ground that allowing the extraction of earth indiscriminately was arbitrary and violative of Article 14 of the Constitution of India.
• October 2020- The NGT held that the Ministry “should strike a balance and instead of being a blanket exemption.
• On August 30, 2023, the Ministry notified that the exemption in question would be “subject to the compliance of standard operating procedures and environmental safeguards issued in this regard from time to time”.

SC rulings

• Firstly it said “completely unguided and blanket exemption” was arbitrary and violative of Article 14 because the 2020 notification did not define ‘linear projects’ or specify the quantum and the extraction area.
• Second, the court held that the Ministry offered no justification for concluding “that in the public interest, the requirement of public notice should be dispensed with” at any stage.
• Third, even the August 2023 notification, failed to elaborate on the concept of linear projects, specify the authority responsible for environmental safeguards or provisions for the same, or impose restrictions on the quantum of extraction.

What is Linear Projects?

• Linear Project means construction or reconstruction of roads, trails, sidewalks, and rail lines that are not part of a common plan of development or sale. Mill, overlay and other resurfacing projects are not considered to be reconstruction.

Source

https://indianexpress.com/article/explained/explained-law/why-supreme-court-barred-unregulated-soil-extraction-for-linear-projects-9245830/

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