Retrospective environmental clearances: SC quashes 2021 directive granting Centre, others power to grant ECs

The Supreme Court on Wednesday quashed the the Centre's 2021 Office Memorandum creating a mechanism for granting retrospective environmental clearances (ECs) to projects that had commenced work without obtaining prior environmental approval.

The order marks a significant move constraining firms from commencing construction without obtaining prior approvals.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi gave a unanimous verdict, also providing some leeway to the government and held that the judgement will apply prospectively and the projects granted green nod earlier will remain undisturbed.


The bench reaffirmed that prior environment clearances are the governing rule under the environmental framework and projects cannot ordinarily commence operations first and seek approval later.

Time-bound amnesty scheme

The apex court, however, held that the Centre may, in exceptional circumstances and in the larger public interest, introduce a limited, time-bound amnesty scheme through a valid statutory notification.

The bench said such a mechanism cannot be created through an executive office memorandum or be allowed to operate as a permanent route for regularising violations.

It added that the top court, while exercising its power under Article 142 of the Constitution, can grant post-facto EC to projects if it deems fit.

Earlier on April 1, the top court had reserved its verdict on a batch of pleas, including review petitions, related to the granting of retrospective environmental clearances to projects found violating green norms.