Archive · 30 Jul 2026
Supreme Court Quashes 2021 Memo, Protects Projects with Retrospective Clearances
The Supreme Court of India decided that a government memo from 2021, which let projects get environmental approval after they had already started, was not allowed.
The court said that only laws made by Parliament can give such approvals, not simple orders.
It also said the memo was unfair and broke the Constitution.
The decision will not affect projects that already got the approval, so they won’t be shut down.
No new projects can get this kind of approval unless the government makes a proper law.
Supreme Court quashed the 2021 Office Memorandum that allowed retrospective environmental clearances for projects started without prior approval.
The judgment is prospective, protecting projects that already received such clearances (e.g., AIIMS Odisha, Centre of Excellence Tamil Nadu, Vijayapura Airport).
Court held that retrospective clearances can only be granted through statutory notifications under Section 3 of the Environment (Protection) Act, 1986, not via administrative orders.
The 2021 OM was deemed invalid for lacking proportionality, reasonableness, and violating Articles 14 and 21 of the Constitution.
No new applications for retrospective clearances under the 2017 notification or the 2021 OM will be entertained.
- Who
- Supreme Court of India, Bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi
- What
- Quashed the 2021 Office Memorandum that allowed retrospective environmental clearances for projects started without prior approval
- When
- July 29, 2025
- Where
- New Delhi, India
- Why
- The memorandum was an administrative order lacking legal basis, violating constitutional principles and lacking proportionality
- Judgment Date
- July 29, 2025
- Court
- Supreme Court of India
- Bench
- Chief Justice Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
- Affected Projects
- AIIMS Odisha, Centre of Excellence Tamil Nadu, Vijayapura Airport, slum rehabilitation, irrigation projects
- Legal Basis
- Section 3 of Environment (Protection) Act, 1986
Sources
Supreme Court quashes retrospective environmental clearance rule in major green verdict - Telegraph India
Supreme Court Quashes Centre’s Retrospective Green Amnesty
SC quashes 2021 government memo for granting retrospective green nod to projects
