Document Abstract
Environmental Clearance (EC) to operate in any industry or establishment is firmly accepted across the globe. It is issued after
complying with four stages of Environmental Impact Assessment (EIA) namely screening, scoping, public hearing and
appraisal. It stipulates the precautionary conditions to operate (CTO) an industry without causing environmental hazards
deploying all necessary environmental protection measures. The MoEF & CC issues EC in India, directly or through its regional
authorities. In recent decisions, the Supreme Court of India has allowed post-EC to some of the MSMEs that were operating
without EC on account of ignorance of the law on the part of the owner as well as the State Pollution Control Board (SPCB).
The post-EC has been permitted to remove procedural irregularity by applying the ‘proportionality principle’ on account of
MSME’s contribution to the national economy and livelihood to a significant size of the populace. This research paper finds
post-EC anathema to the sustainable development principles