SC asks govt to set up regulator to expedite eco clearances for industries

The apex court rejected the Centre's contention that there was no need for such a 'super-regulatory body'

The Supreme Court today asked the central government to set up a national regulatory body for processing  environmental clearance for industrial projects, rejecting the contention of the Centre that there was no need for such a “super-regulatory body”. The court insisted that till a new law is passed the government will have to follow its 2011 Lafarge judgement that had directed the government to set up a “green regulator” for grant or denial of clearances to projects

The court in the Lafarge judgment, dealing with the environmental aspects of the French cement firm operating on the eastern border,  had directed the government to set up a regulatory body in order to lighten the burden of the court which has to look into each minor issue raised by individual industries. However, this order has not been complied with so far, leading to an application for an order to set up such a panel.

The government had vehemently opposed the proposal, contending that the present arrangement under the environmental laws was adequate to handle the green issues.  The ministry of environment  and forests had contended that “requisite regulatory mechanism for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters is already in place. The ministry of environment and forests in consultation with concerned ministries, departments in the central government and state governments, and guidance of this court is making serious efforts to streamline and strengthen the same."

Today’s order by a bench headed by Justice A K Patnaik reiterated the demand of the court made in the Lafarge judgment. The court also asked the government to initiate the process within two months.

A special bench of the Supreme Court is now devoting a day only to deal with the grievances of the industrial units all over the country and on each such day some 4,000 applications are placed before it.  Only a few of them are argued or disposed of in the courtroom choked with company executives and lawyers. Though a National Green Tribunal has been set up recently, it has only marginally reduced the court’s burden.