Supreme Court Sets Aside Previous Judgment; Clarifies Environmental Notification Scope

New Delhi, August 6 : In a significant legal development, the Supreme Court has set aside the previous judgment delivered by the Delhi Court concerning the applicability of an environmental notification. The Court observed a crucial discrepancy in the area threshold criteria specifically, an increase from 20,000 sq. km to 50,000 sq. km-which led to the decision to overturn the earlier ruling. The bench noted that there was no compelling reason to keep the present matters. pending, especially in light of a recent judgment by a coordinate bench, thereby implying an implicit upholding of the challenged notification. However, the Court expressed concern over the extension of the notification's applicability to industrial sheds and educational institutions, calling it inconsistent with the objectives of the Environment (Protection) Act, 1986. 

The judgment stated that there appears to be no rational justification for treating educational or industrial buildings differently from other types of structures for the purpose of environmental regulation. In its ruling, the Court upheld both the original notification and the clarificatory Office Memorandum (OM) dated 29.01.2025, which confirmed the notification's applicability to the State of Kerala. The Court clarified that the OM was not adverse but in fact beneficial to Kerala's environmental interests. Ultimately, the judgment emphasized that the appraisal process for projects falling under this notification must be conducted before the State Environment Impact Assessment Authority (SEIAA) and the State Expert Appraisal Committee (SEAC). This ruling sets a precedent for how environmental notifications will be interpreted and applied across different sectors and states, particularly with respect to uniformity and scientific reasoning in environmental impact assessments.