Case Comment: Hanuman Laxman Aroskar Vs. Union Of India
Sathiya S, Government Law College, Villupuram
ABSTRACT
The Supreme Court’s decision in Hanuman Laxman Aroskar v. Union of India represents a pivotal advancement in India's environmental law by reinforcing the importance of procedural integrity within the Environmental Impact Assessment (EIA) framework. The Supreme Court annulled the Environmental Clearance (EC) issued for the Mopa International Airport project due to significant omissions in the EIA report, which included the concealment of extensive tree felling and the exclusion of ecologically sensitive areas. The ruling underscores that the EIA process transcends mere formalities, serving as a substantive safeguard linked to the right to life as enshrined in Article 21. This case underscores systemic deficiencies in public engagement, data transparency, and expert evaluation, while also bolstering the application of the precautionary principle. Ultimately, it advocates for structural reforms aimed at enhancing accountability and scientific rigor in environmental decision-making.
Keywords: Environmental Impact Assessment (EIA), Environmental Clearance (EC), Principles of Natural Justice, Sustainable Development, Precautionary Principle.
