ISSUE:
Whether industrial units established with Consent to Establish (CTE) and Consent to Operate (CTO) but lacking prior Environmental Clearance (EC) can continue operating pending the grant of ex post facto EC if they comply with pollution norms?
Whether the principle of sustainable development permits the grant of ex post facto EC under the Environmental Protection Act, 1986, for procedural lapses?
Whether the National Green Tribunal (NGT) erred in ordering cessation of operations solely for non-compliance with prior EC requirements despite no environmental harm?
RULE:
Ex Post Facto Environmental Clearance: The Environmental Protection Act, 1986, allows ex post facto EC in exceptional cases, balancing environmental compliance with economic and livelihood impacts.
Judicial Review of Procedural Lapses: Courts should assess environmental compliance and economic consequences; procedural lapses alone should not justify severe penalties like closure.