Overview
- Chief Justice B.R. Gavai and Justice K. Vinod Chandran recalled the May 16 Vanashakti judgment, reviving the 2017 notification and 2021 office memorandum that allow limited post-facto approvals subject to penalties and full appraisal.
- Justice Ujjal Bhuyan dissented, declaring that ex post facto environmental clearance has no basis in law and noting that the environment ministry did not seek review of the May ruling.
- The bench directed the matter to be placed before an appropriate larger bench for a final determination, clarifying that no project will get automatic regularisation and each violation must undergo comprehensive scrutiny.
- The majority cited earlier coordinate-bench rulings such as D. Swamy and Pahwa Plastics that permitted exceptions, faulted the May bench for not referring the conflict to a larger bench, and flagged public-interest concerns including potential demolition of projects worth about ₹20,000 crore.
- Review pleas were led by real-estate and infrastructure stakeholders including CREDAI, BAI and SAIL, environmental groups opposed the recall, and the government told the court that 45 major Central projects worth ₹79,000 crore were in limbo under the earlier bar.