Supreme Court of India

Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.

Neutral citation
Bench Dr. Dhananjaya Y Chandrachud and Ajay Rastogi JJ.
Decided 1 April 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that it would be in the interests of justice to direct the three industries to deposit compensation quantified at ` 10 crores each.

Judgment, page 40

From the headnote

Environment (Protection) Act 1986 – s.3 – 1994 Environmental Impact Assessment (EIA) notification mandated prior Environmental Clearance (EC) for setting up and expansion of industrial units falling within thirty categories – Deadline extended by various circulars – 2002 Circular while further extending the deadline allowed for ex post facto ECs – Quashed by National Green Tribunal (NGT) – On appeal, held: Concept of an ex post facto EC is in derogation of the fundamental principles of environmental jurisprudence – It is an anathema to the 1994 EIA notification – Allowing for an ex post facto…

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