SC Recalls May Judgement Striking Down Retrospective Environmental Clearances
The Wire Staff
Real journalism holds power accountable
Since 2015, The Wire has done just that.
But we can continue only with your support.
New Delhi: The Supreme Court on Tuesday allowed environmental clearances to be granted retrospectively for projects initiated or expanded without approval under the 2006 Environmental Impact Assessment (EIA) notification, Bar and Bench reported.
The apex court had in May 2025 quashed a 2017 notification and a 2021 Office Memorandum that allowed retrospective grants for environmental clearances.
However, on Tuesday, a bench comprising Chief Justice of India (CJI) BR Gavai, Justice Ujjal Bhuyan and Justice K. Vinod Chandran heard a review petition challenging the earlier verdict.
The review petition was allowed by CJI Gavai and Justice Chandran, with Justice Bhuyan passing a dissenting judgement. The May judgement barring such clearances had been passed by Justice Bhuyan and Justice Abhay S. Oka (retired).
"There are three judgments...In my judgment, I have allowed the recall. My judgment has been criticised by my brother Justice Bhuyan," CJI Gavai said.
The matter will now be placed before another bench for a fresh review.
‘Projects worth Rs 20,000 crore would get demolished’
While allowing the review, CJI Gavai said that public projects of Rs 20,000 crore will have to be demolished if retrospective clearances are not allowed, adding that such demolitions would cause further pollution.
In its May judgement, the court had said that those who carried out projects without adequate clearances would have been well aware of the illegality of their actions.
“The 2021 OM talks about the concept of development. Can there be development at the cost of the environment? Conservation of the environment and its improvement is an essential part of the concept of development. Therefore, going out of the way by issuing such OMs to protect those who have caused harm to the environment has to be deprecated by the courts… Even the Central government has a duty to protect and improve the natural environment,” Justice Oka had said.
Confederation of Real Estate Developers of India (CREDAI) later moved a review petition saying that the May judgement had caused significant hardship to real estate industry and interdependent sectors, Bar and Bench reported. CREDAI’s petition was supported by the Union government with an affidavit.
Justice Bhuyan, however, maintained that the concept of retrospective clearances was alien to environmental jurisprudence.
This article went live on November eighteenth, two thousand twenty five, at sixteen minutes past one in the afternoon.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.