SC by 2:1 majority recalls its verdict on post-facto green approvals

In a major ruling that reverses a significant precedent in environmental law, the Supreme Court, in a 2:1 majority decision on Tuesday, recalled its May 16 judgment that had barred the grant of retrospective environmental clearances.

- MPOST BUREAU

The decision effectively paves the way for the Central government and other statutory authorities to approve projects that have already begun construction in violation of environmental norms, provided the developers pay heavy penalties.

The majority verdicts, issued by Chief Justice of India B R Gavai and Justice K Vinod Chandran in two separate and concurring judgments, immediately revive the controversial 2017 notification and a subsequent 2021 Office Memorandum. These guidelines had previously established a regulatory pathway for projects to regularise operations despite having started construction without mandatory prior Environmental Clearances (ECs).

The central concern for the majority was the devastating financial and societal cost of upholding the May 16 verdict. Chief Justice Gavai and Justice Chandran stated that numerous vital public projects would be stalled or demolished, potentially leading to thousands of crores of rupees going to waste.

"If the JUR judgement under review] is not recalled, it will result in demolition of various buildings/projects constructed out of the public exchequer to the tune of nearly Rs. 20,000 crore," the Chief Justice of India noted, adding that he could cite at least three such examples.