Gujarat industries told to stop operations, pay Rs 10 lakh fine each: "Illegal" environmental clearance

By A Representative
In an important judgment, India’s environmental watchdog, National Green Tribunal (NGT), has struck down Environment Clearance (EC) procedure adopted during 1998-2003 by the Ministry of Environment, Forest (MoEF), Government of India, for granting what was called “ex-post-facto environmental clearance” several defaulting industrial units of Gujarat.
In a judgment delivered 13 years after a Public Interest Litigation (PIL) was filed in 2003 by well-known Gujarat-based environmentalist Rohit Prajapati of Paryavaran Suraksha Samiti, along with Ziya Pathan of the People’s Union for Civil Liberties, the NGT termed the ex-post-facto environmental clearance “illegal”.
Ex-post-facto environmental clearances means EC to industries granted after production work started in these industries. As on March 13, 2003, the MoEF had revealed, there were 213 such defaulting industries across India, though, said Prajapati talking with newspersons, there is so far no information on defaulting industries that operated as on November 5, 1998, the date MoEF claimed that it learnt of the defaulting industries starting their production without prior EC.
It is not clear if the NGT order would apply to all the 213 units the MoEF had identified in March 2013, or only to several of the Gujarat units which had opposed the PIL filed by Prapapati and Pathan.
The NGT bench of Justice VR Kingaonkar and Dr Ajay A Deshpande, which sits in its Western Zone Branch in Pune, stated in its order, delivered on January 8, that the MoEf circular dated May 14, 2002, “does not show by which provisions, the power is provided in the Environment (Protection) Act, 1986, to allow ‘ex-post facto’ EC.”
It insisted, the circular is “void, ab-initio and ought to be struck down”, saying “We have no hesitation in holding that ‘ex-post facto’ process of obtaining ECs was just a farce, stage managed, wrong and impermissible under the law and suffered from illegality, which is incurable in any manner.”
Calling the circular “illegal, void and inoperative”, the NGT asks the MoEF to “immediately clarify legal position to the concern authorities within one month”, telling it not to take “any further action on basis of aforementioned Circular.”
The NGT order asks the units which had opposed Prapapati’s PIL to close down industrial activities, and take instead “consent to operate” immediately, within four weeks, inasmuch “as they are being operated without any legal permission/consent” and on the basis of the “concept of ‘ex-post facto’ sanction or ‘ex-post facto’ hearing.”
The NTG order wants each unit to pay Rs 10 lakh each for “causing environmental degradation”, which, it says, should be “utilized for restoration of environment and if any reminder available for plantation purpose in and around the Ankleshwar industrial area.”
In case of failure to deposit the amount the district collector, Bharuch, says the order, should take steps to “confiscate the industries and goods, stock and barrel and may sale the same for recovery of amount, as if it is dues under the Gujarat Land Revenue Code.”
The industrial units that would be affected because of ex-post-facto environmental clearance, Prajapati said, are United Phosphorous Ltd, Unit No. II, Plot No. 3405, 3406, GIDC, Ankleshwar, Dist. Bharuch; Unique Chemicals, Plot No. 5, Phase IV, GIDC, Panoli, Dist: Bharuch; Darshak Pvt. Ltd. Village: Panelav, Tal: Halol, Dist: Panchmahal (now known As Alembic Chemical Ltd.); and Nirayu Pvt. Ltd. Village: Panelav, Tal: Halol, Dist: Panchmahal (now known as Alembic Chemical Ltd.).

Comments

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

Civil society flags widespread violations of land acquisition Act before Parliamentary panel

By Jag Jivan Civil society organisations and stakeholders from across India have presented stark evidence before the Parliamentary Standing Committee on Rural Development and Panchayati Raj , alleging systemic violations of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 , particularly in Scheduled Areas and tribal regions.

Why Indo-Pak relations have been on 'knife’s edge' , hostilities may remain for long

By Utkarsh Bajpai* The past few decades have seen strides being made in all aspects of life – from sticks and stones to weaponry. The extreme case of this phenomenon has been nuclear weapons. The menace caused by nuclear weapons in the past is unforgettable. Images of Hiroshima and Nagasaki from 1945 come to mind, after the United States dropped two atomic bombs on the cities.

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Concentration of wealth in India at levels 'comparable to colonial times', says new report

By Jag Jivan A new report published in March 2026 by the Centre for Financial Accountability and the Tax The Top campaign paints a stark picture of deepening economic disparity in India, documenting a concentration of wealth that it argues is “comparable to colonial times.” Titled Wealth Tracker India | Tax the Top. Close the Gap , the compilation presents data from the World Inequality Database and the Hurun Rich List to illustrate the meteoric rise of the ultra-wealthy alongside the stagnation and debt burdens of the majority.

Protesters in UK cities voice concerns over alleged developments in Bastar region

By A Representative Demonstrations were held across several cities in the United Kingdom on March 28, as groups and activists gathered to protest what they described as state actions in India under the reported “Operation Kagar.”

Beneath the stone: Revisiting the New Jersey mandir controversy

By Rajiv Shah A recent report published in the British media outlet The Guardian , titled “Workers carved the largest modern Hindu temple in the west. Now, some have incurable lung disease,” took me back to my visits to the New Jersey mandir —first in 2022, when it was still under construction, though parts of it were open to visitors, and again in 2024, after its completion.

Search This Blog