Historic Verdict Strengthens Environmental Safeguards, Warns Against Legal Loopholes
New Delhi, May 17 — In a landmark judgement, the Supreme Court on Friday ruled that the government cannot grant retrospective environmental clearances to projects that commenced operations without obtaining mandatory prior approval. Policy experts and environmental activists have welcomed the verdict, calling it a significant step toward enforcing accountability, while also cautioning that loopholes in the law still require public vigilance.The ruling came in response to petitions filed by environmental NGO Vanashakti and others, challenging government memoranda from July 2021 and January 2022 that allowed projects to receive environmental clearance after they had already started functioning, in violation of the Environment Impact Assessment (EIA) Notification, 2006.
Apex Court: No Safe Haven for Violators
The Supreme Court made it clear that any project commenced without mandatory environmental clearance cannot be legalised post-facto. It emphasized that violators who willfully ignored legal requirements cannot be shielded.Stalin D, Director of Vanashakti, said, "The judgement clearly says the government cannot try and provide a safe haven for violators. Citizens must now ensure that these directions are implemented. Those involved were not uninformed individuals — they were educated and well-connected people who knew they were breaking the law."
Experts Raise Concerns About Implementation
While the verdict has been celebrated, several experts expressed concern about its implementation, citing the track record of regulatory agencies.Prakriti Srivastava, a retired Indian Forest Service officer, remarked, "It’s a good order, but given the history of the environment ministry and project proponents, they will likely find workarounds. Post-facto clearances mean damage is already done. Will the ministry comply with the SC orders? Let’s wait and see."
Himanshu Thakkar, Coordinator of the South Asia Network on Dams, Rivers and People, echoed similar concerns. "This decision is welcome but long overdue. Our system is slow to react. Moreover, projects often proceed with land acquisition before obtaining environmental clearance, creating irreversible impacts. The Supreme Court should stipulate that land acquisition must not occur without prior environmental approval."
EIA Process Undermined by Post-Facto Approvals
Debadityo Sinha, Lead - Climate and Ecosystems at Vidhi Centre for Legal Policy, warned that retrospective clearances completely undermine the EIA framework."The EIA process is meant to assess environmental and social impacts, evaluate alternatives, and enable public consultation before a project starts. Post-facto approvals bypass this, enabling ecologically harmful projects that wouldn’t otherwise pass scrutiny," he said.