SC recalls verdict on retrospective green clearances, Pg1

Key Highlights:

• The Supreme Court (SC) on Tuesday recalled its May 16 verdict that deemed retrospective environmental clearances (ECs) as illegal.
• Chief Justice of India (CJI) B.R. Gavai, supported by Justice K. Vinod Chandran, cited potential economic losses of thousands of crores as a reason for the recall.
• Justice Ujjal Bhuyan dissented, criticizing the decision as a setback for environmental jurisprudence.
• The May 16 judgment had struck down Union government notifications that allowed ex post facto ECs, calling them a means to protect illegal constructions.

Detailed Insights:

• The recalled May 16 verdict had invalidated a 2017 notification and a 2021 office memorandum (OM) that facilitated retrospective ECs.
• CJI Gavai argued that enforcing the original judgment would lead to the demolition of projects worth approximately ₹20,000 crore, including hospitals and infrastructure projects.
• Projects affected by the May 16 judgment included investments by the Steel Authority of India (SAIL), an AIIMS hospital in Odisha, and a greenfield airport in Karnataka.
• Justice Bhuyan questioned the review judgment's inclination to encourage the Centre to grant ex post facto ECs to law violators, emphasizing the importance of environmental protection.

Key Concepts Involved:

• Ex post facto Environmental Clearance (EC): Granting environmental approval to projects after they have commenced or are already completed.
• Environmental Jurisprudence: The philosophy and legal principles governing environmental protection and conservation.