SC recalls order restricting government from granting retrospective environmental clearances

The Supreme Court on Tuesday, by a 2:1 majority, recalled its May 16 judgment that had barred the Union government from granting retrospective environmental clearances (ECs) to projects found to be in violation of environmental norms. A bench comprising Chief Justice B R Gavai, Justice Ujjal Bhuyan and Justice K Vinod Chandran delivered three separate verdicts on a batch of nearly 40 review and modification pleas filed against the Vanshakti judgment. The May 16 verdict had prohibited the Ministry of Environment, Forest and Climate Change (MoEFCC) and related authorities from issuing ex-post facto ECs to violators. On Tuesday, CJI Gavai and Justice Chandran recalled that judgment, directing that the issue be placed before an appropriate bench for fresh consideration. Public projects worth Rs 20,000 crore will have to be demolished if the clearance is not reviewed. In my judgment, I have allowed the recall. My judgment has been criticised by my brother Justice Bhuyan, the CJI said. Justice Bhuyan delivered a strong dissent, insisting that retrospective environmental clearances have no legal basis. He added that there is no concept of ex-post facto environmental clearance in environmental law, calling the idea an anathema a curse devoted to evil to environmental jurisprudence. The CJI noted that both the 2013 notification and a subsequent 2021 Office Memorandum envisaged a framework permitting environmental clearances subject to the imposition of substantial penalties. The detailed judgment is awaited. (With inputs from PTI)