Green court

The Supreme Court has barred the Indian government from granting retrospective environmental clearances.

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Conceived as a one-time opportunity in 2017, ex-post facto environmental clearances became routine when the Union ministry of environment, forest and climate change notified a standard operating procedure for the identification and the handling of cases of violation in July 2021. Arguing that the move was consistent with the Environment (Protection) Act, 1986 and the ‘polluter pays’ principle, the ministry reasoned that denying developers an opportunity to regularise their projects would lead to demolition, which would also cause environmental damage. This not only set a dangerous precedent but also incentivised illegal construction in the hope of regularisation through back-door clearances. The apex court