A Supreme Court Bench has reversed its May 2025 Vanashakti order that had stopped post-facto environmental clearances (EC).
The Environment (Protection) Act 1986 and the 1994/2006 EIA (Environmental Impact Assessment) notifications require projects to get an EC before starting work.
Earlier cases, such as Common Cause (2017) and Alembic Pharmaceuticals (2020), had held that post-facto ECs were not allowed where a prior EC was mandatory.
The new decision allows a small space for post-facto “regularisation” when major resources are already used, usually with fines.
The Court noted that the Environment Ministry must keep “EC first” as the main rule and use post-facto EC only in rare situations.