In Brief
A bio-medical waste treatment facility operated by the respondent had obtained consent to operate from the Karnataka State Pollution Control Board but lacked prior Environmental Clearance as required under the EIA Notification 2006 (amended in 2015). The appellant sought closure of the facility for non-compliance. The Supreme Court dismissed the appeal, holding that a facility operating with valid consent and in compliance with pollution norms cannot be closed merely for want of prior EC. The Court applied the doctrine of proportionality and the 'polluter pays' principle, reasoning that such closure would harm public interest and eliminate an environmentally beneficial service. Ex post facto EC may be granted in exceptional cases where the facility meets environmental norms, rather than imposing outright closure."
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