Supreme Court reversed the decision, said- permitted projects can be given post-facto environmental clearance

In a split 2:1 verdict on Tuesday (November 18), the Supreme Court overturned its own decision striking down the Centre’s decision to grant retrospective environmental clearance to projects. The order came as a big relief to realtors, miners and Steel Authority of India Limited (SAIL).

The top court said that permitted projects can be given post-facto environmental clearance.

A bench of Chief Justice BR Gavai, Justice Ujjwal Bhuyan and Justice K Vinod Chandran delivered three separate judgments on a batch of about 40 review and revision petitions filed against the Vanashakti decision.

CJI Gavai and Justice Chandran withdrew Justice AS Oka’s May 16 judgment against granting retrospective environmental clearance. Justice Bhuyan dissented, saying there was no concept of granting retrospective environmental clearance to projects violating green norms.

The top court said that earlier court decisions would lead to the collapse of public projects. 20,000 crores.

“Public Projects If the clearance is not reviewed, assets worth Rs 20,000 crore will have to be demolished. In my decision, I have allowed the recall. My decision has been criticized by my brother…Justice Bhuiyan,” the CJI said.

On October 9, a bench headed by the CJI had reserved the verdict in favor of review or modification of the judgment after hearing several senior advocates, including Kapil Sibal, Mukul Rohatgi and Solicitor General Tushar Mehta, who appeared on behalf of various industrial and infrastructure associations as well as government bodies.