LexT.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.
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[2014] 1 S.C.R. 88 A T.N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA & ORS. I.A. NOs.1868, 2091, 2225-2227, 2380, 2568 AND 2937 IN B WRIT PETITION (CIVIL) No. 202 OF 1995 c JANUARY 06, 2014. [A.K. PATNAIK, SURINDER SINGH NIJJAR AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] ENVIRONMENT (PROTECT/ON) ACT, 1986: s. 3(3) - National Regulator - Order of Supreme Court dated 6.7. 2011 directing for appointment of National 0 Regulator -Held: In Lafarge Umiam Mining's case, on an interpretation of s. 3 (3), the Court took a view that it confers a power coupled with duty to appoint an appropriate authority in the form of a Regulator at the State and at the Central level for appraising projects, enforcing environmental conditions for E approvals and to impose penalties on polluters and accordingly directed the Central Government to appoint a National Regulator under the said provision, as the Court did not find the mechanism of making the EIA appraisals of projects by MoEF to be satisfactory- The mechanism under EIA Notification dated 14.09.2006, issued by Government with F regard to processing, appraisals and approval of the projects for environmental clearance is deficient in many respects and what is required is a Regulator at the national level having its offices in all the States which can carry out an independent, objective and transparent appraisal and approval of the S projects for environmental clearances and which can also monitor the implementation of the conditions laid down in the Environmental Clearances - The Regulator so appointed ul s 3(3) can exercise only such powers and functions of Central H 88 T.N. GODAVARMAN THIRUMULPAD v. UNION OF 89 INDIA Government under the Act as are entrusted to it and obvibusly A cannot exercise powers of Central Government u/s 2 of Forest (Conservation) Act, 1980, but while exercising such powers under Environment Protection Act, he will ensure that the National Forest Policy, 1988 is duly implemented as held in the order dated 06.07.2011 in the case of Lafarge Umiam B Mining - Union of India is directed to appoint a Regulator with offices in as many States as possible under sub-s. (3) of s. -3 of the Environment (Protection) Act as directed in the order in the case of Lafarge Umiam Mining and file an affidavit along with the notification appointing the Regulator in c compliance of this- direction - Forest (Conservation) Act, 1980 - National Forest Policy, 1988 - EIA Notification dated 14.09.2006. Lafarge Umiam Mining Private Limited v. Union of India & Ors. 2011 (7) SCR 954 = (2011) 7 SCC 338 - referred to. D Case Law Reference: 2011 (7) SCR 954 referred to para 1 CIVIL ORIGINAL JURISDICTION I.A. NOs.1868, 2091, E 2225-2227, 2380, 2568 AND 2937 IN Writ Petition (Civil) No. 202 OF 1995. Harish N. Salve, Uday U. Lalit, Vivek Tankha, R.K. Raizada, Mahaveer Singh, A.D.N. Rao, Siddharth Chowdhury, P.K. Manohar, Group Capt. Karan Singh Bhati, Dr. Prikshayat Singh, Karmendra Singh, Prashant Kumar, Joseph Pookkatt F (for APJ Chambers), Rajiv Tyagi (for Rajiv Tyagi Associates), Vivek Gupta, S.S. Shamshery, Bhakti Vardhan Singh, Bharat G Sood, Dr. Kailash Chand, Arvind Kumar Shukla, Amit Shukla, Nihal Ahmad, Alok Shukla, R.C. Kohli, Yash Pal Dhingra, Himanshu Shekhar, Sanchit Guru, Gunwant Dara, D.K. Thakur, Sukhbeer Kaur Baiwa, Shreekant N. Terdal, Gopal Prasad, C.D. Singh, Hemantika Wahi, Preeti Bhardwaj, Parul Kumari, H ., 90 SUPREME COURT REPORTS [2014] 1 S.C.R. A Gopal Prasad, Anitha Shenoy, ~ishra Saurabh, Vanshja Shukla and Abhishek Chowdhury for the appearing parties. The following Order of the Court was delivered 0 RD ER 1. In the case of Lafarge Umiam Mining Private Limited v. Union of India & Ors. [(2011) 7 SCC 338], this Court, while refusing to interfere with the decisions of the Ministry of Environment and Forests (MoEF) granting site clearance, EIA C clearance read with revised environmental clearance and Stage I forest clearance to the mining project of Lafarge Umiam Mining Private Limited, laid down some guidelines to be followed in future cases in Part-I I of its order dated 06.07.2011. These guidelines have been stated in Para 122 D of the said order and sub-para (i.1.) of Para 122, this Court called upon the Central Government to appoint a National Regulator under Section 3(3) of the Environment (Protection) Act, 1986 for appraising projects, enforcing environmental condi
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