SC recalls order barring retrospective green nod

Ruling would have led to demolition of projects worth about ₹20,000 cr, says CJI

- ANANTHAKRISHNAN G

CITING PUBLIC INTEREST and legal flaws, the Supreme Court, in a 2-1 decision on Tuesday, recalled its May 16 ruling that had struck down a central government notification allowing grant of environmental clearance for projects ex post facto - in short, clearance for projects after commencement.

While Chief Justice of India B R Gavai and Justice K Vinod Chandran backed the recall, Justice Ujjal Bhuyan dissented saying the majority decision "overlooks the very fundamentals of environmental jurisprudence" and "is a step in retrogression". The matter will now be placed before the CJI for further action.

Tuesday's decision came on a petition filed by the Confederation of Real Estate Developers of India (CREDAI) and applications by the Steel Authority of India (SAIL) and State of Karnataka, seeking a review of the May 16 verdict in Vanashaktivs Union of India, delivered by a bench of Justices A S Oka and Bhuyan. Justice Oka has since retired. The May 16 ruling also struck down a 2021 office memorandum issued in pursuance of the 2017 notification. During the hearing, it was pointed out to the court that 24 projects already initiated, involving expenditure to the tune of ₹8,293 crore, were awaiting environmental clearance (EC) at the central level, while at the state level, 29 projects worth ₹11,168 crore remained pending.