Environmental Laws: Environmental clearance (EC) for
building project – On facts, Project Proponent-construction project
made substantial compliance by obtaining the EC from the competent
local authority – Subsequent changes in EC regimes – Effect of –
Validity of the grant of EC to Project Proponent, challenged to –
NGT held that further construction cannot be made without
environment impact assessment, but protected the constructions
already made by the appellant-Project Proponent on the basis of
the EC issued by the Pimpri Chinchwad Municipal Corporation as
per the notification – On appeal, held: Project Proponent can
legitimately expect a certain degree of stability in the manner in
which environmental regime is set and how the applications are
processed – Public interest might possibly diminish the degree of
legitimate expectation for a party but a balance has to be found –
Project Proponent is not expected to anticipate the changes in EC
regimes, especially as a result of judicial interventions, and keep
revisiting the sanctioned clearances by the competent authority or
even raze down validly constructed structures – Neither can it be
expected to knock the doors of an authority, not empowered at the
relevant time, to process its applications – On facts, the appellant
acted on the EC and made substantial investments – They adhered
to the applicable legal framework during the concerned period, as
such cannot be pushed to a precipice and be made to fall – Doing
so would be inequitable – Moreover, third-party interests have also
come up –Thus, the order passed by NGT protecting the completed
construction is endorsed and four constructed buildings are to be
treated to be under a valid EC with all legal consequences –
However, for any further construction proposed they must secure
fresh clearance as required – Doctrine of legitimate expectation.