In a significant order, the Supreme Court on Wednesday quashed the Centre's 2021 Office Memorandum creating a mechanism for granting retrospective environmental clearances (ECs) to projects that had commenced work without obtaining prior environmental approval. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, in its unanimous verdict, also gave some leeway to the government and held that the judgement will apply prospectively and the projects granted green nod earlier will remain undisturbed.
The bench reaffirmed that prior ECs are the governing rule under the environmental framework and projects cannot ordinarily commence operations first and seek approval later. The bench, however, held that the Centre may, in exceptional circumstances and in the larger public interest, introduce a limited, time-bound amnesty scheme through a valid statutory notification. It said such a mechanism cannot be created through an executive office memorandum or be allowed to operate as a permanent route for regularising violations. The bench said that the top court, while exercising its power under Article 142 of the Constitution, can grant post-facto EC to projects if it deems fit. On April 1, the top court had reserved its verdict on a batch of pleas, including review petitions, related to the granting of retrospective environmental clearances to projects found violating green norms.