VidhiSangh

Supreme Court of India · 21/03/2024

NOBLE M. PAIKADA versus UNION OF INDIA

[2024] 3 S.C.R. 1249 · 2024 INSC 241

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court struck down the environmental-clearance exemption for extracting ordinary earth for linear projects in item 6 of the 2020 notification and its 2023 amendment. Dispensing with public notice lacked a demonstrated public-interest basis, and the exemption was unguided and arbitrary. Undefined projects, unlimited extraction and inadequate enforceable safeguards defeated the environmental statute’s purpose. The dredging/desilting exemption was outside the adjudicated challenge; the NGT’s directions concerning it remained to be implemented.

Issues

  1. Whether public notice could be dispensed with without a substantiated public-interest determination.
  2. Whether the ordinary-earth exemption and its amended safeguards satisfied Article 14.
  3. Whether the appeals extended to the separate dredging/desilting exemption.

Provisions considered

Held

Result

Appeals partly allowed without costs. Item 6 of Appendix IX in the 28 March 2020 notification and the 30 August 2023 amendment quashed; item 7’s validity not adjudicated and the NGT directions concerning it left enforceable.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1249.