SC junks clause granting green nod exemption to education projects

The Supreme Court has struck down a Centre notification exempting schools, colleges and hostels from prior environmental clearance under the EIA Notification, 2006

The Supreme Court on Tuesday struck down a section of a Central government’s notification that had exempted educational buildings from obtaining prior environmental clearance. The apex court said the exemption was arbitrary and contrary to the purpose of the Environment Protection Act. The rest of the notification was upheld.

 

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran declared as illegal a part of the Centre’s January 29, 2025, notification that had exempted construction projects related to industrial sheds, schools, colleges, and hostels from obtaining prior environmental clearance under the Environmental Impact Assessment (EIA) Notification, 2006.

 

EIA is a process used to evaluate the potential environmental consequences of a proposed project or development before it is undertaken.

 

“We see no reason behind the exemption of 2006 notification for the industry and educational buildings. If any construction activity in an area of more than 20,000 sqm (square metres) is carried out, it will naturally have an effect on the environment, even if the building is for educational purposes. We see no reason to discriminate against the other buildings with the buildings constructed for industrial or educational purposes. It is common knowledge that education is no more a merely service-oriented profession. It is common knowledge that education has nowadays also become a flourishing industry,” the apex court observed.

 

The court had earlier stayed the operation of the notification in a public interest litigation filed by the non-government organisation Vanashakti. The stay had also applied to an Office Memorandum dated January 30, 2025, which had clarified that the amended notification would also apply to Kerala. 

 

Under the EIA, any building or construction project with a built-up area equal to or greater than 20,000 square metres requires prior environmental clearance. The challenged notification had amended Clause 8 of the schedule to the 2006 EIA Notification and introduced Note 1 to Clause 8(a).

 

The amendment said that projects such as industrial sheds, schools, colleges, and hostels for educational institutions would not require prior environmental clearance if measures such as sustainable environmental management, solid and liquid waste management, and rainwater harvesting were put in place.

 

The apex court, in its judgment, observed that development must be balanced with environmental protection.

 

“A country cannot progress unless development takes place. This court, in a catena of decisions, has adopted the principle of sustainable development," it said.

 

The court also rejected the Centre’s argument that there is a guideline to ensure such projects would follow environmental safeguards.

 

“We are of the view that the exemption of applicability of the 2006 notification to the projects and activities qua industrial sheds, schools, colleges, hostels, and educational institutions does not appear to be in tune with the purpose of the Environmental Protection Act,” the court observed.

 

The court was hearing a petition filed by Vanashakti challenging both the January 29, 2025 notification and the subsequent Office Memorandum. Vanshakti had argued that the government was trying to dilute the EIA regime for building and construction projects, after making similar efforts in 2014, 2016, and 2018 that were stayed or quashed by courts.