PIL Against Centre's Misuse Of Clean Energy Cess Of 86K Crores Towards GST Shortfall To States: SC Asks Petitioner To Approach Appropriate Forum [Read Petition]

The Supreme Court on Thursday granted liberty to withdraw and move appropriate forum in a PIL against the diversion and mis-utilization of the funds by the Centre lying in the National Clean Energy Fund, which were collected as a cess on coal under the Finance Act, 2010, for clean energy initiatives, to compensate States under the Goods and Services Tax. 3 of the Schedule to the 'Goods and Services Tax Compensation Fund' and directs its usage for the purposes specified in section 8 of the Goods and Services Tax Act, 2017, as illegal and unconstitutional and redirect and return the collected amounts towards the NCEF and the funds be used towards its intended purpose including towards funding research and innovative projects in clean energy technologies, development activities towards promoting clean sources of energy and thus a clean environment to the citizens. "However, in case the said funds are not utilized for the specific purposes, especially to fund clean energy sources, the same results in grave violation of the Fundamental Rights of the citizens of India to enjoy a clean environment, including that of the Petitioner", it submitted, adding that the Apex Court has time and again taken due cognizance of the need to protect the environment and also sought clarifications and status reports from government agencies as to implementations of steps and activities undertaken for utilisation of certain funds specifically collected for environmental protection. It is respectfully submitted that any diversion of its funds will not only cause grave impediment in ongoing and planned activities towards developing and supporting clean energy initiatives, it will continue to increase pollution in the environment.