Overview
- CJI B.R. Gavai and Justice K. Vinod Chandran formed the majority, with Justice Ujjal Bhuyan dissenting after co‑authoring the May judgment.
- The recall revives the 2017 and 2021 Office Memoranda permitting limited post‑facto clearances with full appraisal and penalties, and the matter will be listed before an appropriate bench for further consideration.
- The majority faulted the May bench for not considering rulings such as D Swami (2022) and Pahwa Plastics (2022), which recognised narrow exceptions to the general prohibition.
- The court flagged practical fallout from a blanket bar, noting MoEFCC data that 45 central projects worth ₹79,000 crore were in limbo and warning of potential demolition of government assets valued at ₹20,000 crore.
- Justice Bhuyan called ex‑post‑facto clearance an anathema to environmental jurisprudence and noted the Union had not sought review.