Archive · 20 Nov 2025
Supreme Court Reverses Stance on Retrospective Environmental Clearance
The Supreme Court changed its mind about a rule that allowed environmental clearance for projects after they had already started.
Some judges thought this was good for the public, while others thought it went against rules to protect the environment.
Now, the case will be looked at again by the chief justice.
The Supreme Court recalled its May 16 ruling that struck down a government notification allowing post-facto environmental clearance for projects.
The recall was a 2-1 decision, with Chief Justice B R Gavai and Justice K Vinod Chandran in favor, and Justice Ujjal Bhuyan dissenting.
The matter will now be placed before the Chief Justice of India for further action.
The recall was sought by the Confederation of Real Estate Developers of India (CREDAI), Steel Authority of India (SAIL), and the State of Karnataka, citing public interest and legal flaws.
The majority ruling cited procedural flaws and the need to protect public interest, while the dissenting opinion argued that the recall overlooks environmental jurisprudence fundamentals.
- Who
- The Supreme Court, Confederation of Real Estate Developers of India (CREDAI), Steel Authority of India (SAIL), and the State of Karnataka
- What
- Recalled a ruling that struck down a government notification allowing post-facto environmental clearance for projects
- When
- Tuesday, June 6, 2023
- Where
- Supreme Court of India
- Why
- To address public interest and legal flaws in the previous ruling
Public Interest and Legal Flaws
Environmental Jurisprudence Fundamentals
Recall Rationale
Public Interest and Legal Flaws
Protecting public interest and addressing legal flaws in the previous ruling
Environmental Jurisprudence Fundamentals
Overlooking environmental jurisprudence fundamentals and creating a false narrative of environment vs development
- Previous Ruling Date
- May 16, 2023
- Petitioners
- CREDAI, SAIL, and State of Karnataka
- Projects Awaiting Clearance
- 24 projects at the central level (Rs 8,293 crore) and 29 projects at the state level (Rs 11,168 crore)
- Judges in Favor of Recall
- Chief Justice B R Gavai and Justice K Vinod Chandran
- Dissenting Judge
- Justice Ujjal Bhuyan
Sources
Supreme Court recalls own order barring retrospective green nod for projects
Experts: Supreme Court verdict recall on technical grounds, not endorsement of post-facto approvals
Supreme Court passes retroactive environment clearance ruling in split verdict - Telegraph India
SC overturns its earlier order mandating demolition of infrastructural projects constructed without environment clearance: Read what the top court said Supreme Court reverses earlier order stops demol
DC Edit | Need for Fair Policy After SC Nod to Green Violators
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