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Directions: Read the passage and answer the question that follows.
The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.
Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'
The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.
Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?
  • a)
    Once granted, it cannot be revoked.
  • b)
    It can be revoked subject to the government's discretion.
  • c)
    It can be revoked on the basis of false and misrepresented information.
  • d)
    Both B and C
Correct answer is option 'C'. Can you explain this answer?
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Directions: Read the passage and answer the question that follows.The...
The passage provides that EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information.
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Directions: Read the following passage and answer the question.India is one of the few countries with elaborate provisions for the environment in the legal framework. The courts in India largely relied on Article 21 for applying the law to the decision making process on various perspectives and provisional duties related to the environment. Protection of the environment can give rise to many challenges in a developing country. Hence, administrative and legal strategies are extremely important to ensure environmental harmony. T Damodar Rao v Special Officer, Municipal Corporation of Hyderabadwas a landmark case for High Courts in India to take up responsibility in specific and concrete decision making. Despite severe penalties, environmental laws in certain places seem erratic in their implementation and ineffective at many levels of administrative mechanisms.The courts have also laid down that protection and improvement of the environment is mandated for all institutions across the country and is a right as well. India being a developing nation with interests in growth and burgeoning developmental ideologies, the mandates of Courts are envisioned in a development-oriented manner, where the concept of Sustainable Development arises. A relatively new concept for India to focus on in terms of resource utilisation is reducing our collective carbon footprint and pollution levels. Sustainable development law is found at the intersection of three primary fields of law: international economic law, international environmental law and international social law. It refers to an emerging substantive body of legal instruments, norms and treaties, supported by distinctive procedural elements. This is incorporated on the justification that future generations may benefit from policies and laws that advocate environmental protection as well as developmental goals. This has recently been recognised by the Supreme Court in the M.C. Mehta (Taj Trapezium Matter) v. Union of India case.A notable action that could be taken is making the system more accommodating and approachable- Making it easier to read and understand the law provisions and statutes regarding Environmental Law for the general population and better mechanisms for efficiency as well as transparency within (courts) and outside (public spaces) the systems of administrative, legislature and judiciary can go a long way. Law is generally regarded as a Utopian system of action. Making it a more approachable and public-friendly system would allow it to work on an easier transition for the public. Systems such as Public Interest Litigations are focused on allowing people to issue and procure information from within the legal system on the matter of interest at hand. The Law is trying to focus on easier access for appeals and better capabilities of integrating the public interest within judgements and cases.Q.During the late sixties and seventies the city of Rijeka underwent second rapid industrialization. Few huge plants (new petroleum refinery facilities, power plant, coke plant) were erected in the industrial zone eastwards from the city. As a consequence, high emission levels resulted in elevated ambient air pollution so that the city was one of the most polluted in India. Rijeka’s main Industry was owned by the government cause depletion of drinkable water. Based on the principles and information set out in the given passage

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Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer?
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Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.The Supreme Court delivered its judgement in the Central Vista case last month. By a majority of 2 : 1, the Supreme Court upheld the project in its entirety. The majority judgement reveals blind spots in the reasoning and several instances of blinders being put on. In the writ petitions challenging the environmental clearances, the judgement found the project environmentally sound and upheld the clearances. The court was satisfied with the mitigation measures identified by the Central Public Works Department (CPWD), the project proponent. It added that so long as the trees are protected and the pollution levels are controlled by installing permanent smog towers, the 'environment is not a hurdle for development'.Environment Impact Assessment (EIA) Notification (2006), talks about the disclosure of the information in Form 1/Form 1-A in the application for clearance. The information disclosed must be honest and complete to assess the real environmental impact. When this information is false or misrepresented, the basis of the exercise is compromised. This is why the EIA Notification mandates revocation of a clearance granted on the basis of false and misrepresented information. Fundamental to the principle of the 'Environmental Rule of Law' is the principle of 'non-regression' that requires that the state does not allow further environmental deterioration unless 'strong justifications for a retrogressive measure are provided'. In the context of International environmental law, 'the principle of non-regression prohibits any recession of environmental law or existing levels of environmental protection and comprises its protective norms in the category of non-revocable and intangible legal rules, in the common interest of humanity.'The court observed that in matters of planning and development, the government has the sole prerogative regarding the nature, expanse, and timeline of development work. The environment and development are not sworn enemies. The environment cannot be a hurdle for development and a balance between the two is required by implementing mitigation measures. The objective of environmental law is not pollution mitigation alone. This is urgent, but only one part of the agenda. Environmental issues cannot be addressed by an approach that allows polluting activities and then suggests minimal mitigation measures to address unmeasured environmental consequences. The law and the state of the environment demand more ambition from the court and the decision makers in the country.Q. A person got the clearance under 2006 notification, by disclosing that his industrial plant will provide job to 50 thousand people and the impact on the environment would be very less, and same will be mitigated by various measures as shown in the submitted study of the environmental impact of the said location. Later on, after the construction, it turns out that the said study was false. Can the clearance granted be revoked? If yes, why?a)Once granted, it cannot be revoked.b)It can be revoked subject to the government's discretion.c)It can be revoked on the basis of false and misrepresented information.d)Both B and CCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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