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Supreme Court Quashes Ministry of Environment's Office Memorandum on Environmental Clearances
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The Supreme Court has quashed an Office Memorandum issued by the Ministry of Environment, Forest and Climate Change in 2021, ruling that it cannot create a perpetual and parallel regime to grant retrospective authorisation to big-ticket…
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Supreme Court Quashes Ministry of Environment's Office Memorandum on Environmental Clearances
The Supreme Court has quashed an Office Memorandum issued by the Ministry of Environment, Forest and Climate Change in 2021, ruling that it cannot create a perpetual and parallel regime to grant retrospective authorisation to big-ticket infrastructure projects. The court's decision is a significant victory for environmental activists, who have been fighting against the Memorandum's provisions. The Memorandum had been challenged by several parties, including the Youth For Equality, who argued that it was unconstitutional and violated environmental laws.
Supreme Court Strikes Down Ex-Post Facto Environmental Clearances
The Supreme Court has struck down the Union government's 2021 Office Memorandum that permitted retrospective environmental clearances for projects that had already commenced construction or operations without prior approval. However, the Court upheld the possibility of a limited, statutory, public interest-based amnesty under the Environment (Protection) Act (EPA), 1986.
Supreme Court Restrains Centre from Issuing Fresh Green Clearances
The Supreme Court has restrained the Centre from issuing fresh green clearances for projects that broke ground without prior clearance. The court has struck down a 2021 administrative order issued by the Union ministry of environment, forest and climate change, saying that it was ultra vires. The court has also restrained the Centre from entertaining pending applications for green clearances.
Supreme Court Sets 'Public Interest' Test for Environment Clearances
The Supreme Court has struck down a Centre's 2021 Office Memorandum that allowed retrospective approval for projects that had already commenced construction without environment clearances. The court has set a 'public interest' test for such clearances, which means that projects will only be allowed if they are in the public interest. The judgment is a significant blow to the Centre's efforts to regularize projects that had been built without environment clearances. The court has left limited room for government action under statutory authority, and it has closed the door on blanket and open-ended regularisation of such projects.
Supreme Court Rules in Favor of Wrongfully Discharged Judicial Officer
The Supreme Court has ruled that a wrongfully discharged judicial officer is entitled to promotions and pay scales, in a landmark judgment that has significant implications for the judiciary. The court held that an employer cannot take advantage of its power to discharge an employee without following due process. The judgment is expected to have a significant impact on the judiciary, with many judicial officers seeking promotions and pay scales.
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