Supreme Court Deals Blow to Retrospective Environmental Clearances

Supreme Court Strikes Down Retrospective Environmental Approvals

The Supreme Court has dealt a significant blow to the Central government’s efforts to grant retrospective environmental clearances. A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ruled that such approvals are illegal and arbitrary, effectively striking down a 2017 notification and a 2021 Office Memorandum (OM) issued by the Centre.

These documents had allowed for the retrospective grant of environmental clearances to projects that began or expanded without prior approval under the 2006 Environmental Impact Assessment notification (EIA notification).

The Court found that the government’s attempt to circumvent the law by using indirect language, rather than explicitly stating “ex post facto” approvals, was a clear violation of established legal principles.

‘Arbitrary and Illegal’ Decision, Says Court

Justice Oka, speaking for the bench, stated, “The Court must come down very heavily on the attempt of the Central Government to do something which is completely prohibited under the law. Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this Court…Therefore, we have no manner of doubt that the 2021 OM which permits grant of EC is completely arbitrary and illegal.”