Supreme Court of India · 2020-04-01
ALEMBIC PHARMACEUTICALS LTD. vs ROHIT PRAJAPATI .
- Citation / case number
- SC 2016/2562
- Court
- Supreme Court of India
- Petitioner
- ALEMBIC PHARMACEUTICALS LTD.
- Respondent
- ROHIT PRAJAPATI .
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the National Green Tribunal's ruling that the circular issued by the Ministry of Environment and Forests on 14 May 2002, allowing ex post facto environmental clearances, was contrary to the provisions of the Environmental Impact Assessment notification of 27 January 1994 and the Environment (Protection) Act 1986. The Court affirmed that such clearances are not permissible under the law, thereby reinforcing the necessity of prior environmental clearances for industrial projects. The Court dismissed the appeals filed by the industrial units and the Ministry, thereby maintaining the NGT's directives for revocation of clearances and closure of non-compliant units.