In Brief
The Supreme Court struck down an exemption (item 6) granted by the Ministry of Environment to extraction of ordinary earth for linear projects like roads from the mandatory requirement of prior Environmental Clearance. The Court found the exemption illegal on three grounds: (1) the Ministry invoked emergency powers to bypass public notice and objections without stating reasons; (2) the exemption was vague and arbitrary, lacking specification on quantum, area, or process of extraction and failing to define "linear projects"; and (3) the Ministry did not comply with the National Green Tribunal's direction to add appropriate safeguards. The Court emphasized that environmental decisions require public participation and that blanket exemptions defeat the protective object of environmental law.
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