SC reserves order on ex-post facto green nods for projects
New Delhi, April 2 -- The Supreme Court on Wednesday reserved orders on petitions challenging two central government orders on grant of ex-post facto environmental clearance (EC) to development and mining projects indicating that exemption can be considered for projects of public interest.
A bench headed by Chief Justice of India (CJI) Surya Kant said, "Even the petitioners agree that projects of public interest can be given exemption," as it closed arguments after hearing the petitioners - non-profit organisations Vanashakti and One Earth One Life among others, the Centre, affected project proponents and state governments over several days.
At the centre of controversy are two central government orders of 2017 and 2021 allowing projects that commenced work without obtaining prior EC (as per the 2006 Environment Impact Assessment (EIA) notification) to do so by getting ex-post facto EC.
A two-judge bench of the top court in May 2025 struck down the twin notifications against which a review petition was filed by an apex body of real estate developers as the effect of the order will lead to demolition of development projects worth over Rs.20,000 crore which includes hospitals, civic amenities, bridges, highways and civic amenities.
A three-judge bench on November 18, 2025 by a 2:1 majority set aside the May judgment and set the matter to be heard again. It was in these proceedings order was reserved on Wednesday.
The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi said that on exempting projects of public interest, the opinion of the three judges (then CJI BR Gavai, justices Ujjal Bhuyan and K Vinod Chandran) is unanimous....
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हमे संपर्क करें.