ISSUE:
Whether the ex post facto environmental and forest clearances granted on 19.4.2010 and 22.4.2010 were vitiated due to suppression of material facts regarding the nature of the land?
Whether the process followed by the Ministry of Environment and Forests (MoEF) in granting clearances satisfied the requirements of judicial review?
RULE:
Ex post facto clearances are valid if granted after due diligence and not vitiated by suppression of material facts. A project proponent cannot be faulted for relying on official classifications of land unless there is deliberate misrepresentation.
Judicial review of environmental clearances is limited to assessing whether the decision-making process was fair, informed, and free from bias. Courts do not reassess the merits of policy decisions if these conditions are met.
Sustainable development requires balancing environmental protection with economic considerations, including the rights of local and indigenous communities. Environmental regulation should not impose an absolute bar on development but must ensure mitigation of adverse effects.