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Supreme Court Quashes MoEFCC’s 150,000 Sq M EIA Exemption for Industrial and Educational Projects

The Supreme Court’s order requires environmental clearance for all construction above 20,000 sq m under the 2006 EIA framework.

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The Supreme Court order said it would not be possible for the union ministry to consider projects across the country and therefore the issue could be considered on a state-to-state basis

Overview

  • A bench led by Chief Justice B. R. Gavai and Justice K. Vinod Chandran struck down clause 8 of the January 29 EIA Notification, removing exemptions for industrial sheds, schools, colleges and hostels up to 150,000 sq m.
  • The court reaffirmed that any building or construction project exceeding 20,000 sq m must secure prior environmental clearance regardless of its purpose.
  • All other amendments in the January notification were upheld, preserving the revised thresholds and procedures introduced outside clause 8.
  • The ruling extends to Kerala and instructs State Environment Impact Assessment Authorities and the Central Expert Appraisal Committee to oversee project assessments.
  • NGO Vanashakti’s public interest litigation triggered the stay and review after it argued that the exemption weakened safeguards in eco-sensitive zones and infringed the right to a pollution-free environment.