In a significant decision, the Supreme Court of India has recalled its earlier ruling that prohibited the government from granting retrospective environmental clearances to projects that commenced without prior approval. This move aims to balance the need for development with environmental protection.
The court's earlier judgment had struck down a 2017 notification by the Ministry of Environment, Forests and Climate Change (MoEF&CC) that allowed ex-post facto environmental clearances. These clearances permitted projects to obtain environmental approval after beginning construction, a practice previously deemed illegal by the court.
The recent verdict, delivered by a bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran, recalled the earlier judgment and directed that the matter be reconsidered by an appropriate bench. The court emphasized the importance of public interest, noting that halting large-scale projects could lead to significant economic losses and public inconvenience.
Justice Ujjal Bhuyan dissented, expressing concerns that granting retrospective clearances could undermine environmental jurisprudence. He argued that such clearances are alien to environmental law and could set a dangerous precedent.
This decision has sparked a debate between those advocating for development and environmentalists emphasizing the need for strict environmental regulations. The court's directive for reconsideration suggests that the issue will be examined in greater detail in the future.
The outcome of this case will have significant implications for infrastructure and industrial projects across India, influencing how environmental clearances are granted and the balance between development and environmental conservation.