Supreme Court stays government notification exempting educational institutions from environmental clearance 

The Supreme Court of India has stayed a government notification that exempted certain building and construction projects, including educational institutions and industrial sheds, from mandatory environmental clearance. The stay was granted on February 24, by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan in response to a Public Interest Litigation (PIL) filed by Mumbai-based NGO, Vanashakti.  

The notification, issued by the Central Government on January 29, 2025, allowed projects with a built-up area of up to 150,000 square yards — including hostels, schools, colleges, and industrial sheds — to bypass the mandatory environmental impact assessment (EIA) process.  

A day later, the Ministry of Environment, Forest and Climate Change (MoEFCC) issued an memorandum expanding the definition of “industrial sheds” and “educational institutions” to include universities, private technical institutions, professional academies, warehouses, and industrial facilities.  

The NGO opposed the notification, arguing that it undermined the EIA process, which is crucial for assessing environmental risks associated with large-scale construction. The NGO contended that such an exemption could have severe consequences for critically polluted areas, eco-sensitive zones, and regions near interstate boundaries.  

The petition also challenged the notification’s legality, citing a violation of Rule 5 of the Environment Protection Rules, 1986, which mandates that the government provide clear justifications for such policy changes — something the notification allegedly failed to do.  

The Supreme Court, taking cognizance of the matter, issued a stay on the notification and sought responses from the government.  

Commenting on the ruling, environmental lawyer Sudhir Mishra emphasized the dangers of unregulated construction.  

“Such exemptions can be extremely detrimental to the very essence of the environmental impact assessment. The Ministry must be cautious while issuing such notifications, as they have long-term consequences for the climate. The building and construction industry is a major contributor to carbon emissions in India. Unreflective and unthoughtful policies can set back our fight against climate change and hamper India's Net-Zero commitments,” Mishra said.