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.