SC: Judicial review in environmental clearances limited to process; revised EC for Mopa Airport upheld with safeguards

Case Name: Hanuman Laxman Aroskar v. Union of India & Others
Date of Judgment: January 16, 2020
Citation: M.A. No. 965 of 2019 in Civil Appeal No. 12251 of 2018
Bench: Hon’ble Dr. Justice D.Y. Chandrachud

Held: The Supreme Court held that courts, while reviewing environmental clearances, are confined to examining whether the decision-making authority considered relevant factors, excluded irrelevant factors, and applied sustainable development principles. They cannot substitute their own environmental assessment for that of expert bodies. Applying this principle, the Court upheld the revised environmental clearance for the Mopa Airport project, as the Expert Appraisal Committee (EAC) had reconsidered the matter, accounted for ecological concerns, and imposed stringent safeguards.

Summary: The original EC for Mopa Airport was suspended in April 2019 after the Court found non-disclosure of reserved forests, ecologically sensitive areas, and inadequate biodiversity impact assessment. The matter was remitted to the EAC, which re-examined the project, incorporated further disclosures, and imposed mitigation measures such as 1:10 compensatory afforestation, biodiversity studies, and protection of storm water channels. The petitioner challenged the revised EC, alleging lack of domain expertise in the EAC and conflict of interest in engaging Engineers India Ltd. as consultant. The Court rejected these objections, holding that the reconstituted EAC had adequate expertise, there was no disqualifying conflict, and the environmental concerns were adequately addressed. The Court stressed that while compensatory afforestation cannot fully replace natural forests, it remains a recognized mitigation method.

Decision: The revised environmental clearance was upheld. The appeals were dismissed, with a direction that the mitigation measures imposed by the EAC be strictly implemented.