ISSUE:
Whether the grant of ex post facto Environmental Clearance (EC) is permissible under environmental jurisprudence and its implications on compliance with environmental norms?
Whether the principle of proportionality applies to decisions involving the regularization of projects with technical environmental violations?
Whether industries with technical irregularities but adhering to environmental norms should face closure, balancing economic and environmental considerations?
RULE:
Ex Post Facto Environmental Clearance: Such clearances are generally impermissible but may be granted in rare, exceptional cases where strict environmental compliance is demonstrated and livelihood considerations are significant.
Principle of Proportionality: Decisions must balance sustainable development, intergenerational equity, and economic factors, ensuring adherence to environmental norms and legislative policy.