Dismissed

Rainbow Environments Pvt. Ltd. v. Ministry of Environment Forest and Climate Change

NGT18 Feb 2026Appeal No. 16/2025

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an appeal challenging environmental clearance conditions. The court directed the SEIAA, Punjab to incorporate requisite safeguards via the SPCB within three months per the 2024 SOP but otherwise dismissed the challenge, noting existing writ petitions govern the clearance.

What did the court decide?

Directed SEIAA, Punjab to incorporate safeguards from SPCB within 3 months via SOP.

Rainbow Environments Pvt. Ltd. vs Ministry of Environment… — Environment and Pollution | NGT (2026)

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Item No. 15

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Appeal No. 16/2025 (IA No 60/2026)

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Rainbow Environments Pvt. Ltd. Appellant

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Versus

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Ministry of Environment Forest and Climate Change & Ors. Respondent(s)

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Date of hearing: 18.02.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Appellant: Mr. Raj Panjwani, Senior Advocate with Dr. S.S. Hooda, Mr. Aayushman Aeron & Mr. Sarabjit Singh, Advs. for Appellant

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Respondents: Ms. Suhasini Sen & Mr. Sista Srinivas, Advs. for MoEF & CC

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ORDER

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By this appeal filed under section 16 of the National Green Tribunal Act, 2010, the Appellant has challenged the following two conditions which have been imposed by the Ministry of Environment, Forest and Climate Change (MoEF&CC) in the Environmental Clearance (EC) dated 02.01.2025:

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“ Additional EC Conditions

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1. This Environmental Clearance is subject to outcome of the court cases Nos. Civil Writ Petition (CWP) No. 2115 of 2024 & No. 12493 of 2024,

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I. Statutory compliance :

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xxx ………………………………..xxx…………..…………………..xxx

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iv. The project proponent shall obtain Consent to Establish / Operate under the provisions of Air (Prevention & Control of Pollution) Act, 1981 and the Water (Prevention & Control of Pollution) Act, 1974 from the concerned State Pollution Control Board/ Committee.”

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The stand of the learned Senior Counsel appearing for the Appellant

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is that in view of the exemption notification dated 12.11.2024 the appellant

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is exempted from obtaining the CTE under the Air Act and Water Act therefore, the incorporation of such a condition in the EC appears to be an oversight. As against this, the stand of MoEF&CC is that in furtherance of

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the notification dated 12.11.2024, the SOP was issued requiring the concerned PCB to forward the environmental safeguards for the incorporation in the EC, but in this case, the said exercise has not been done and those safeguards have not been incorporated in the EC, therefore, the condition has been incorporated in the EC for obtaining the CTE.

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Having heard learned Counsel for the parties and on the perusal of the record, it is noticed that the MoEF&CC had issued two separate exemption notifications dated 12.11.2024 under the Air Act and Water Act which are stated to be identically worded, therefore, the notification issued on 12.11.2024 under the Air Act only is reproduced below:

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“MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

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NOTIFICATION

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New Delhi. the 12^th November, 2024

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G.S.R. 702(E). In exercise of power conferred by the proviso to subsection (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Central Government, in consultation with the Central Pollution Control Board, exempts the following categories of industrial plants from the application of the provisions of the said subsection, namely:-

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(a) all industrial plants having pollution index score upto 20 as listed in the Schedule to this notification, subject to condition that such plant shall inform in writing to the State Pollution Control Boards or the Pollution Control Committees:

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(b) all industrial plants which have obtained prior environmental clearance as per the notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 1533(E), dated the 14th September, 2006 issued under the Environment (Protection) Act, 1986 (29 of 1986), in respect of previous consent to establish such plant.

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Subject to the provisions of the Act and this notification, MoEFCC may issue necessary standard operating procedure for streamlining implementation of this notification, as deemed appropriate.

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(No. Q-15012/2/2022-CPW-Part(1) /e-240741) VED PRAKASH MISHRA, Jr. Secy.”

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The Appellant is covered by the Clause (b) of the above notification whereby the exemption from obtaining the Consent to Establish has been granted. The notification further provides for issuing necessary Standard

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Operating Procedure (SOP) for streamlining the implementation of the notification.

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In furtherance of the said notification, the O.M. dated 14.11.2024 was issued providing for detailed standard operating procedure for implementation of the notification to exempt the industries under the

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Water and Air Act. The said SOP reads as under:

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“ Annexure to letter No. Q-15012/2/2022-CPW-Part (1) /e-240741] dated 14-11-2024

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Standard Operating Procedure (SOP) for implementation of the Notification to exempt certain categories of industrial plants under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981

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_****_**

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Consequent to the notification published vide G.S.R. 703 (E) dated 12-11-2024 and G.S.R.702 (E) dated 12-11-2024 regarding exemption of certain categories of industrial plants from the application of the proviso to sub-section (1) of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and proviso to subsection (1) of section 21 of the Air (Prevention and Control of Pollution) Act, 1981, following SOP is issued for streamlining the implementation of these notifications:

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1. All industries/activities, appended as schedule of the said notifications (categorized as White) exempted from the mandatory condition of obtaining CTE and CTO from SPCBs/PCCs as per the above referred notification will follow Procedure as given below:

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a. These units will have to intimate about their operation to SPCBs/PCCs in the form of a self-declaration, complying with all the prevalent rules and regulations. They are not required to pay any consent fee.

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b. SPCBs/PCCs shall maintain list of such industries/activities separately, which shall be updated from time to time.

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c. SPCBs/PCCs shall ensure that no activities other than those intimated, are carried out by such exempted units.

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2. The projects / activities requiring prior EC as per the Environmental Impact Assessment notification, 2006 (as amended from time to time) under Environment (Protection) Act, 1986 exempted from obtaining CTE separately, as per the above referred notification will follow Procedure as given below:

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a. They will obtain necessary EC from the competent authority under the notification referred above.

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b. The Conditions of CTE, as may be required, will be integrated in the conditions of EC itself in the following manner:

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i. The competent authority for issuance of EC under EIA Notification, 2006 shall communicate the application of the Project Proponent (PP) to the concerned SPCB/PCC, as the case may be.

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ii. The concerned SPCB/PCC will examine the case and communicate its comments to the above-referred competent authority within the time limit prescribed by it, which shall not be less than 30 days.

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iii. SPCB/PCC may undertake inspection of the site, if required, before sending their comments. Further, SPCB/PCC may also raise queries to the PPs for additional information, if required. Any time taken by the PPs in responding to the queries of SPCBs/PCCs shall be in addition to the time limit prescribed.

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iv. The EC granting authority shall consider the comments of the concerned SPCB/PCC for inclusion of additional conditions while issuing the EC, which will inter-alia, include that the PP shall pay the requisite CTE fee to SPCBs/PCCs within 30 days of issuance of EC.

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v. The EC will become operational only after the payment of CTE fee. Delay in payment of CTE fee beyond 30 days may attract late fee as may be decided by the concerned SPCB/PCC.

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c. Such industries / activities shall be required to obtain CTO separately from the SPCBs / PCCs and any other authorization /permission, wherever required as per the prevailing rules and regulations.

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3. Industries/activities not included in para 1 and 2 above shall be required to obtain CTE and CTO and other permissions, as per the prevailing rules and regulations.”

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The above SOP provides the procedure for integration of CTE conditions in EC itself.

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Learned Counsel for the MoEF&CC has pointed out that in respect of ECs which were issued immediately after the exemption notification some anomalies had occurred and CTE conditions could not be incorporated in EC, therefore, the O.M. dated 14.01.2025 was issued interalia to cover those industries which were granted the EC after 12.11.2024, but for which the CTE was not granted. In this OM, the following procedure was prescribed for such cases:

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“ E. Projects which have already been granted EC after 12^th November 2024 but for which CTE has not been granted

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Such projects shall obtain the environmental safeguards required for the establishment of the Project/Activity, from the

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concerned SPCB/PCC within 30 days of this OM, after payment of requisite fees. The same shall be appended to the EC later and the project proponent shall file six monthly compliance for the safeguards also, along with the EC conditions.”

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Learned Senior Counsel for the Appellant has pointed out that the Appellant had already applied for the CTE and had subsequently also applied for incorporation of the additional safeguards in the CTE. Initially application for CTE was rejected by the PPCB on 10.04.2024 against which the Appellant had preferred an appeal before the Appellate Authority. The Appellate Authority by the order dated 09.02.2026 has allowed the appeal and has set aside the order of the PPCB dated 10.04.2024 and has remanded the matter back to the PPCB for deciding the application for Consent to Establish on merit in accordance with law.

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Present is a case where the environmental clearance has been issued to the Appellant after the exemption notification, but the SOP dated 14.11.2024 could not be complied with and the requisite safeguards needed for the CTE could not be called by the competent authority issuing the EC from the concerned PCB, therefore, those safeguards have not been incorporated in the EC. In such circumstances, either those safeguards should be incorporated in the EC or there should be a separate CTE incorporating the safeguards for the protection of the environment.

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In the present case, the Counsel for both the parties have agreed that the procedure which has been prescribed in the SOP dated 14.11.2024 may be followed and needful be done in terms of the said SOP by the authority competent to issue the EC by calling the reports/safeguards from the PCB.

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Learned Counsel for the MoEF&CC has informed that when the application for grant of EC was made by the Appellant at that time, the tenure of SEIAA, Punjab had ended. Therefore, the application was made

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by the Appellant for grant of EC to the MoEF&CC which was processed and the EC dated 02.01.2025 was issued by the MoEF&CC. She has informed that subsequently, the SEIAA, Punjab has been constituted and file has been transferred to SEIAA, Punjab, therefore, now any addition or alternation in the EC condition is required to be done by the SEIAA, Punjab.

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In view of the consensus arrived at between the Counsel for the parties that now the procedure prescribed by the SOP dated 14.11.2024 needs to be followed and accordingly, the safeguards are required to be incorporated in the EC dated 02.01.2025, we dispose of this appeal directing the SEIAA, Punjab to take appropriate action in terms of the SOP dated 14.11.2024 and incorporate the requisite safeguards in the EC by obtaining the comments from the PPCB. Let this exercise be completed within a period of three months from the date of receipt of a copy of this order.

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So far as the challenge to the additional EC Condition No. 1 is concerned, we do not find any ground to interfere in this condition because if any writ petition is pending touching upon the subject matter of the EC then the EC will be governed by the outcome of the said writ petition.

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The appeal is accordingly dismissed.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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February 18, 2026 Appeal No. 16/2025 (IA No 60/2026) dv

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Rainbow Environments Pvt. Ltd. v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Rainbow Environments Pvt. Ltd. v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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