The Supreme Court has struck down and held illegal a 2017 notification of the Ministry of Environment, Forest and Climate Change (MoEF&CC).
This notification has introduced a regime of granting ex-post facto clearances to projects.
In March 2017, the MoEF&CC issued a notification providing a “one-time” six-month window for industries to apply for environmental clearance.
The bench cited two past judgments – Common Cause v. Union of India (2017) and Alembic Pharmaceuticals v. Rohit Prajapati (2020) – to reaffirm that ex-post facto clearances were alien to environmental law.