
National · 11 updates
The Supreme Court ruled that prior environmental clearance is mandatory for all projects, banning post-facto clearances except for existing cases, protecting vital infrastructure.
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
Experts described the ruling as a partial but significant course correction that nonetheless left room for environmental damage.
The Supreme Court quashes the Centre’s 2021 Office Memorandum on ex post facto environmental clearance, ruling that any future amnesty under the Environment (Protection) Act must flow from a statutory notification, not an administrative order, and be confined to projects of supervening public interest under the EIA framework
The top court barred administrative orders regularising past environmental violations, but referred to a legal route the Centre could still use in the future.
Supreme Court of India’s nod for post facto approval must not be read as support for amnesty schemes
He says SC verdict is expected to open new window for project clearances with priority on PRLIS, Sitarama, Dindi, Gouravelli