Justice Bhuyan dissents in SC’s green nod ruling

Can violations be regularised after damage, ask experts

- Utkarsh Anand and Abraham Thomas

Invoking the “deadly Delhi smog” asa symbol of India’s deepening ecological crisis, justice Ujjal Bhuyan on Tuesday delivered a strong dissent against the Supreme Court's decision to recall its May judgment that had prohibited ex-post facto environmental clearances for industrial and real estate projects.

Aligning his dissent with a vivid reminder of the public health catastrophe unfolding in the Capital, Justice Bhuyan said the bench “cannot be seen backtracking on sound environmental jurisprudence, that too ona review petition filed by persons who have shown scant regard for the rule of law”

“The deadly Delhi smog reminds us everyday about the hazards of environmental pollution. The Supreme Court, as the highest constitutional court of the country, has the duty and obligation under the Constitution of India and the laws framed thereunder to safeguard the environment.”

Justice Bhuyan’s caution came even as Delhi's air quality remained “very poor” for the fifth straight day, with a dense blanket ‘of smog hanging over the city and the AQI touching 344 at 8am.

The majority had permitted the review filed by the Confederation of Real Estate Developers’ Association of India (CREDAI) on the ground that an earlier set of Supreme Court precedents had not been considered in May, and that strict enforcement of that judgment would cause hardship due to the potential demolition of buildings and consequential pollution. Justice Bhuyan rejected this reasoningas “untenable”, cautioning that the decision takesa “complete U-turn” and risks weakening the architecture of environmental protections built over decades.