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Introduction
Environmental Clearance (EC) is an essential approval provided by the competent authority that guarantees that any planned actions or projects comply with environmental regulations and do not negatively impact the physical habitat of surrounding areas. EC is required for many types of developments, including, but not limited to, mining, industrial Construction of large-scale infrastructure, and some types of coastal/forest developments. EC requires a thorough review and assessment of all potential ecological impacts and appropriate mitigation strategies prior to implementation of any project. Obtaining EC protects the health of people, the environment and preserves limited natural resources; it also promotes sustainability. In the absence of EC, projects face potential delays, fines, litigation or termination. Thus, EC is a critical mechanism to ensure that the need for development is balanced with environmental protection; likewise, applying for EC is an important step in meeting the Government's regulatory requirement and also in providing for responsible, sustainable project planning.
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Balancing Development and Ecology In India's Green Court
In the modern regulatory landscape, Environmental Clearance (EC) has become the cornerstone of sustainable development in India. Issued under the Environment (Protection) Act, 1986 and the EIA Notification, 2006, Environmental Clearances are not just a procedural formality or even one-time concession or two they represent a constitutional obligation which is derived from the right to life guaranteed in Article 21 of Constitution.
However, the process of obtaining an EC is frequently at odds with the rapid advancement of infrastructure. The proper dispute forum provided by the NGT, as established under the NGT Act, 2010, is often the only appropriate venue available for such disputes.
The NGT represents the most expeditious, specialized, and frequently sole venue through which citizens (including affected farmers), an environmental NGO, or an applicant who holds a legitimate EC can confront issues arising from the EC process.
The constitutional and statutory foundation
The Supreme Court of India has consistently recognized that The Right to a Clean Environment is part of the Right to Life (via Subhash Kumar v. Bihar State, (1991) 1 SCC 598 and M.C Mehta v. India, (1987) 1 SCC 395 ongoing). The Environmental Clearance process is legislatively designed to implement the Precautionary Principle and the Polluter Pays Principle.
Under Section 16 (h) of The NGT Act, 2010, the Tribunal has exclusive appellate jurisdiction over all orders granting (or refusing) Environmental Clearances. Accordingly, High Courts may not entertain writ petitions related to Environmental Clearances until, at a minimum, the NGT remedy has been exhausted.
Eligibility to Challenge Environmental Clearance
Section 18(2) of The NGT Act, 2010, locus standi is extremely wide:
- Directly affected persons
- Any "person aggrieved"
- Ngos and public-spirited bodies
- Resident welfare associations
- Governments and statutory authorities
Time Limit –
- 30 days after receiving notification of the Environmental Clearance (EC) order
- A Condonation of Delay can be requested up to a maximum of 60 days after the initial 30-day period has lapsed (in total, 90 days max) if "sufficient cause" has been demonstrated.
- Appeals filed after 90 days (from the date of communication/upload of the EC Order) are virtually always dismissed under the National Green Tribunal (NGT) Principal Bench Order, dated August 12, 2024.
Stay On EC-
Under Section 19(4) (i), the NGT has the same powers as a civil court to grant interim injunction/stay after hearing all parties.
The Tribunal applies the classic triple test:
- Prima facie case
- Irreparable injury
- Balance of convenience
- In 2024-2025, more stays will likely be granted to cases in which:
- A public consultation was either a sham or was suppressed.
- There is no final District Survey Report to present to the Court (for mining cases).
- A project commenced without an Environmental Clearance (and which is now ex-post facto unconstitutional).
- There is evidence of Ecological Damage (e.g. cutting trees or filling in a wetland).
For example, in the case of Rajpal Saini v. Union of India (Appeal No. 62/2025), the Court refused to grant a stay on a Waste-To-Energy plant project as the proponent of the project proved that it would be in compliance with environmental regulations and in the larger interest of the Public.
NGT Appeal to Supreme Court
According to Section 22 of the NGT Act, 2010, it is possible to appeal against an NGT decision at the Supreme Court level. However, appeals at the Supreme Court level must be made regarding "substantial issues of law" within 90 days of receiving notification of the NGT ruling and must not involve a review of the factual basis for the NGT ruling.
The Supreme Court has consistently upheld its position on this narrow interpretation, including in M/s Indian Oil Corporation Ltd. V.B.R. Menon (CIVIL APPEAL NO. 421 OF 2022, decided on 14th march 2023), which clarified that appeals from NGT decisions are limited to substantive questions of law only; factual issues will not be considered during the appeal process.
Landmark Judgments
State of Uttar Pradesh v Gaurav Kumar (2025 INSC 650)
The Supreme Court held that a valid and final District Survey Report (DSR) is mandatory to grant environmental clearance for mining activities. A draft DSR is insufficient. The District Magistrate of Saharanpur issued e-tenders for sand mining without a final DSR. The National Green Tribunal (NGT) quashed the e-auction notice after a petition challenged it as illegal, as there was no DSR. The Uttar Pradesh government moved the Supreme Court.
The Supreme Court upheld the NGT's decision. The Court observed that the auction was conducted without a valid DSR and was therefore illegal. It set aside letters issued in favor of successful bidders and stressed the strict adherence to the DSR.
Vanashakti v. Union of India & Ors. (2025 INSC 718)
Petitioners challenged provisions allowing post-facto ECs for projects that violated the EIA Notification, 2006 by starting without prior clearance. Such regularization defeated the purpose of environmental safeguards. The practice of granting ex post facto Environmental Clearances is unconstitutional, arbitrary, and violative of the precautionary and polluter-pays principles. The 2017 Notification and 2021 Office Memorandum permitting regularization of projects that commenced illegally are struck down. Prior EC is mandatory and non-optional.
Supreme Court (Justices B.R. Gavai & K.V. Viswanathan) declared ex post facto ECs void ab initio. "Compliance with environmental laws is a constitutional mandate, not optional." Projects operating illegally must face closure, restoration, and exemplary penalties; no discretion to regularize violations.
Conclusion
In this period of aggressive infrastructure development paired with ecological consciousness, NGT has become one of the most powerful green court due to its authority to immediately stop enforcement, impose environmental fines, and even mandate restoration of the ecological environment to pre-violation status. This gives it the ability to be a blessing and a curse; violators fear it while protectors revere it.
The Supreme Court's ruling in 2025 in Vanashakti finally puts an end to unregulated or "ex post facto" environmental clearances. Prior ECs will no longer be accepted in court. The law now makes it clear that compliance must occur before construction begins.
No matter if you are challenging an alleged illegal EC or defending an EC you worked hard to obtain, speed, scientific documentation, and following the deadlines of 30 days (and 60 days) after filing with the NGT are still your most effective means to achieve success in your case before the NGT. The relationship between development and ecology is a very fine line; therefore, it is here at the NGT, where that balance is maintained.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
