Prafulla Samantra and Anr. v. Union of India and Ors. (2011) — POSCO Case
Environmental clearance under the scanner: limitation, public hearing, expert review, and the precautionary path—explained in plain, classroom-style English.
Table of Contents
Quick Summary
An environmental activist challenged clearances for the massive POSCO project in Odisha. The National Green Tribunal said: follow the law strictly, hold proper public hearings, and apply the precautionary principle. The EC was suspended. A fresh, expert-led review with timelines and tighter monitoring was ordered.
Issues
- Was the appeal in time for the 2007 environmental clearances?
- Was the public hearing conducted as per the rules then in force?
- Was MoEF right in accepting the review by an officer involved earlier, and in rejecting the majority report?
Rules
- Follow the law: EC must meet procedural and substantive safeguards.
- Precautionary principle: Uncertain science ≠ permission to risk; prevent likely harm.
- Sustainable development: Jobs and investment matter, but not at the cost of ecology and health.
- Burden on project: The proponent must show no significant environmental damage.
Facts — Timeline
Timeline view2007: MoEF grants ECs for POSCO’s steel plant, captive power, and port components.
Activism & Concerns: Prafulla Samantra challenges EC and FC, citing livelihood loss and ecological harm.
Review Committee: Split views emerge; process fairness and environmental risks questioned.
Public Hearing Debate: Compliance with procedure and community participation is disputed.
2011 (NGT): Tribunal suspends the EC; orders fresh ToR, expert appraisal, timelines, and strict monitoring.
Arguments — Appellant vs Respondent
Appellants (Activist & Villagers)
- EC process had procedural lapses; public hearing not compliant.
- Risk to environment, agriculture, and livelihoods not assessed fully.
- Review by an officer involved earlier raised impartiality concerns.
Respondents (Union, MoEF, Company)
- Clearances followed the applicable rules; experts consulted.
- Project promises jobs, infrastructure, and investment.
- Any gaps can be addressed through conditions and monitoring.
Judgment
- EC suspended pending a fresh review addressing the Review Committee’s concerns.
- MoEF to issue new ToR, engage subject specialists, and define timelines.
- Set up a special monitoring committee for compliance.
- Re-examine land requirement (optimize to actual phased capacity).
- Assess independent water sourcing for large industries to protect drinking/irrigation water.
- Guide developers to seek a single EC for essential integrated components.
- Study Strategic Environmental Assessment for Odisha ports with biodiversity and risk focus.
- For large, scalable projects, evaluate EIA at full capacity from the start.
Ratio Decidendi
Environmental decisions must be lawful, transparent, and expert-driven. Where serious risk is possible, apply precaution, place the proof burden on the project, and design robust monitoring before allowing progress.
Why It Matters
This decision set a strong template for mega-project scrutiny in India—tight process, meaningful hearings, expert input, and long-term safeguards for people and nature.
Key Takeaways
- Precaution first; development must fit ecological limits.
- ECs need clear ToR, expert review, and timelines.
- Public hearing is a right, not a formality.
- Plan land and water realistically; phase capacity.
Mnemonic + 3-Step Hook
Mnemonic: POSCO = PROTECT — Process clean, Oversight expert, Safeguards strong.
- Check Process: Limitation + proper hearing.
- Use Experts: New ToR, specialist appraisal.
- Lock Safeguards: Timelines, monitoring, land/water prudence.
IRAC Outline
Issue
Were the ECs lawful given limitation, hearing quality, and review integrity?
Rule
Apply precaution & sustainable development; ensure due process and expert-led appraisal; burden on project.
Application
Gaps in hearing/review and unresolved risks justified suspending EC and demanding a fresh, specialist review.
Conclusion
EC suspended; new ToR; expert appraisal; timelines; monitoring; resource prudence required.
Glossary
- Environmental Clearance (EC)
- Official approval to start a project after assessing environmental impact.
- Precautionary Principle
- Act to prevent harm even if science is not conclusive.
- Terms of Reference (ToR)
- Scope and questions that guide the environmental study.
- Strategic Environmental Assessment
- High-level study for a region or sector, beyond a single project.
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