LexVANASHAKTI versus UNION OF INDIA
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[2025] 8 S.C.R. 760 : 2025 INSC 961 Vanashakti v. Union of India (Writ Petition (C) No. 166 of 2025) 05 August 2025 [B.R. Gavai,* CJI and K. Vinod Chandran, J.] Issue for Consideration The present petition challenges the notification dated 29.01.2025 (impugned notification) bearing number S.O. 523(E) issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Office Memorandum (O.M.) dated 30.01.2025 issued by the MoEF&CC. Headnotes† Environment – Protection – Construction Projects – Environmental clearance – Challenge to Notification dated 29.01.2025 and O.M. dated 30.01.2025 – According to the petitioner, the impugned notification dated 29.01.2025 totally changes the regime, which was provided by the notification dated 14.09.2006 issued by the Ministry of Environment and Forests: Held: The notification dated 29.01.2025 excluding Note 1 to Entry 8(a) is upheld – Note 1 to Entry 8(a) of the notification dated 29.01.2025 is arbitrary and is quashed and set aside – The clarificatory O.M. dated 30.01.2025, which has also been impugned in the present petition, rather than being adverse to the environmental interest is conducive to the environmental interest, inasmuch as it also makes the conditions applicable to the State of Kerala – Thus, the O.M. dated 30.01.2025 issued by the MoEF&CC is also upheld. [Paras 44-47] Environment Protection Act, 1986 – Notification dated 14.09.2006 issued by the Ministry of Environment and Forests – Notification dated 29.01.2025 issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) – Whether the exemption of applicability of 2006 notification, * Author [2025] 8 S.C.R. 761 Vanashakti v. Union of India by way of Note 1 in column 5 of Entry 8(a) of the impugned notification (Notification dated 29.01.2025), to the projects or activities for industrial shed, school, college and hostel for educational institution appears to be in tune with the purpose for which the Environment Protection Act: Held: The impugned notification dated 29.01.2025 is upheld – This Court is of the considered view that the exemption of applicability of 2006 notification, by way of Note 1 in column 5 of Entry 8(a) of the impugned notification, to the projects or activities for industrial shed, school, college and hostel for educational institution does not appear to be in tune with the purpose for which the Environment Protection Act has been enacted – It cannot be gainsaid that if any construction activity for an area of more than 20,000 sq. mtr. is to be carried out, it will naturally have an effect on the environment and ecology, even if the building is for industrial shed or for educational purpose, including hostels etc. – There is neither any rational nexus with the object to be achieved by excluding such buildings from the rigors of the notification – Therefore, see no reason to discriminate the other buildings with the buildings constructed for industrial or educational purposes. [Paras 40, 42] Environmental Law – Environmental protection vis-à-vis need for sustainable development – Discussed. [Paras 31-34] Case Law Cited In Re: Zudpi Jungle Lands, 2025 INSC 754 – relied on. In Re: Construction of Park at Noida near Okhla Bird Sanctuary [2010] 15 SCR 783 : (2011) 1 SCC 744; Vellore Citizens’ Welfare Forum v. Union of India and Others, 1996 INSC 952 : [1996] Supp. 5 SCR 241 : (1996) 5 SCC 647; Jagannath v. Union of India and Others, 1996 INSC 1466 : [1996] Supp. 9 SCR 848 : (1997) 2 SCC 87; Consumer Education & Research Society v. Union of India and Others, 2000 INSC 81 : [2000] 1 SCR 907 : (2000) 2 SCC 599; Intellectuals Forum, Tirupathi v. State of A.P. and Others, 2006 INSC 101 : [2006] 2 SCR 419 : (2006) 3 SCC 549; Tata Housing Development Company Limited v. Aalok Jagga and Others, 2019 INSC 1203 : [2019] 13 SCR 577 : (2020) 15 SCC 784; State of Uttar Pradesh and Others v. Uday Education and Welfare Trust and Others, 2022 INSC 1129 : [2022] 19 SCR 781 : (2022) SCC OnLine SC 1469 – referred to. 762 [2025] 8 S.C.R. Supreme Court Reports List of Acts Environment Protection Act, 1986; Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981. List of Keywords Notification dated 29.01.2025; Ministry of Environment, Forest and Climate Change (MoEF&CC); Office Memorandum dated 30.01.2025; General Conditions; Notification dated 14.
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