In a controversial decision driven by economic concerns, the Supreme Court of India recalled its own earlier judgment that had struck down ex post facto environmental clearances. Just months prior, the Court had ruled that granting permission to industries after they had already illegally started operations was "anathema" to the Environment Protection Act. However, following review petitions by real estate developers and the Union Government, which cited stalled infrastructure projects worth thousands of crores, a 2:1 majority recalled the verdict.
The majority termed the previous judgment per incuriam for failing to consider certain legal provisions and restored the notifications for a fresh hearing. This move effectively revives the ex post facto regime for the time being. The decision drew a sharp dissent from Justice Ujjal Bhuyan, who argued that legalizing violations post-facto mocks the Environmental Impact Assessment process and lamented that the Court was "backtracking on sound environmental jurisprudence" amidst an ecological crisis.
Source: The Hindu