Noble M. Paikada vs Union Of India 2024 INSC 241 – Environmental Clearance –

Environment (Protection) Rules , 1986 ; Rule 5(4)– Article 21 guarantees a right to live in a pollution-free environment. The citizens have a fundamental duty to protect and improve the environment. Therefore, the participation of the citizens is very important, and it is taken care of by allowing them to raise objections to the proposed notification. After all, citizens are major stakeholders in environmental matters. Their participation cannot be prevented by casually exercising the power under sub-rule (4) of Rule 5. (Para 23)

Environmental Clearance -The exemption from obtaining EC granted without incorporating any safeguards is completely unguided and arbitrary. Grant of such blanket exemption completely defeats the very object of the EP Act. (Para 27)

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