SC recalls own order barring retrospective green nod for projects, Pg1

Key Highlights:

• The Supreme Court recalled its May 16 ruling against retrospective environmental clearances for projects in a 2-1 decision.
• Chief Justice of India B R Gavai and Justice K Vinod Chandran supported the recall, while Justice Ujjal Bhuyan dissented.
• The decision was influenced by a petition from CREDAI, and applications from SAIL and the State of Karnataka.
• Approximately Rs 20,000 crore worth of projects were awaiting environmental clearance (EC).

Detailed Insights:

• The recalled May 16 ruling in Vanashakti vs Union of India struck down a central government notification allowing ex post facto EC.
• The court considered that 24 initiated projects worth Rs 8,293 crore at the central level and 29 projects worth Rs 11,168 crore at the state level were pending EC.
• The majority cited previous SC verdicts like Electrosteel Steels Ltd vs Union of India (2021) that allowed post facto EC in exceptional circumstances.
• Justice Bhuyan argued that ex post facto EC undermines environmental principles and the constitutional mandate for sustainable development.
• The dissenting opinion referenced the Delhi air pollution issue, emphasizing the court's duty to safeguard the environment and uphold the precautionary principle.

Key Concepts Involved:

• Environmental Clearance (EC): Permission granted for projects after assessing their potential environmental impact.
• Ex Post Facto: Applying retroactively, allowing clearance after a project has commenced.
• Sustainable Development: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.