The Supreme Court, by a two-to-one majority comprising Chief Justice B R Gavai and Justice K Vinod Chandran, set aside its May 2025 decision that had invalidated the 2017 notification and the 2021 office memorandum allowing ex post facto environmental clearance.
The majority noted that several large public projects valued in thousands of crores had already been completed and would face demolition without a mechanism for retrospective clearance. It restored the framework permitting retrospective environmental approvals.
Justice Ujjal Bhuyan dissented and stated that ex post facto clearance is contrary to the statutory scheme and weakens mandatory environmental safeguards.
The Court held that retrospective clearances stand revived.
