Tue Nov 18 06:57:36 UTC 2025: Here’s a news article summarizing the Supreme Court’s decision regarding retrospective environmental clearances:
Supreme Court Recalls Landmark Ruling on Retrospective Environmental Clearances
NEW DELHI, November 18, 2025 – In a significant reversal, the Supreme Court of India today recalled its May 16, 2025, judgment that had deemed the granting of retrospective Environmental Clearances (ECs) by the central government to building projects and constructions as illegal.
A majority opinion, delivered by Chief Justice B.R. Gavai and Justice K. Vinod Chandran, upheld a review petition filed by the Builders Association of India. The justices reasoned that the extensive demolition of structures built under such clearances, many of which are public projects valued at over ₹20,000 crore, would cause more environmental harm than good. They argued that permissible projects should be eligible for ex post facto clearances. The majority also felt that previous conflicting judgements on the matter warranted referral of the original case to a larger bench.
Justice Ujjal Bhuyan, who was part of the original bench that delivered the May judgment, dissented strongly. He stated that “ex post facto environment clearance” is alien to environmental jurisprudence and constitutes a “curse” on the environment. He argued against reviewing the original ruling, which had restricted the Union government from issuing retrospective clearances and struck down related notifications and memoranda. The original judgment had accused the Centre of “crafty drafting” to legitimize illegal constructions.
The May ruling had stemmed from concerns that retrospective clearances allowed project proponents to bypass necessary environmental assessments before commencing construction. While the recalled judgment had allowed previously granted ECs to remain in effect, today’s decision effectively reinstates the possibility of obtaining retrospective clearances, a move likely to spark debate among environmental activists and legal experts.
First Piper 