Overview
- CJI B. R. Gavai and Justice K. Vinod Chandran formed the majority in a 2–1 split, recalling the May Vanashakti judgment that prohibited retrospective environmental clearances.
- Relying on coordinate-bench rulings such as D. Swamy and Pahwa Plastics, the majority said the earlier bench failed to consider binding precedent and should have referred the issue to a larger bench.
- Justice Ujjal Bhuyan dissented, reaffirming that prior environmental clearance is mandatory under rulings like Common Cause and Alembic and calling post‑facto approvals an anathema to environmental law.
- The order effectively revives, for now, the 2017 notification and 2021 Office Memorandum allowing limited post‑facto clearances subject to penalties and full appraisal, with no automatic approvals.
- The bench noted potential demolition of projects, including public works valued around ₹20,000 crore, as a practical consequence of the May ruling; nearly 40 review or modification pleas from industry bodies led to Tuesday’s decision.