The Supreme Court has held that an establishment contributing to the economy of the country and providing livelihoods should not be closed on the ground of a “technical irregularity” of not obtaining prior environmental clearance, irrespective of whether or not the unit actually causes pollution.
The judgment by a Bench led by Justice Indira Banerjee on Friday came in an appeal filed by a plastic manufacturing unit in Haryana.
The National Green Tribunal had ordered the unit to be closed for not having prior environmental clearance. However, the apex court noted that the unit employs over 8,000 persons. It had applied for consent to establish and operate from the statutory authorities. Besides, the unit had already applied for “ex post facto” environmental clearance.
