Judgment Summary: Vanashakti v. Union of India & Others
Date: May 16, 2025 | Bench: Justices Abhay S. Oka & Ujjal Bhuyan
Citation: 2025 INSC 718
In a key verdict, the Supreme Court struck down the Environment Ministry’s attempt to grant ex post facto Environmental Clearances (ECs) to projects started without prior approval. It reviewed the 2017 Notification and July 7, 2021 Office Memorandum under the EIA Notification, 2006, calling them illegal and against environmental law and the precautionary principle.
The Court ruled that prior EC is mandatory, and post-facto approvals violate the right to a clean environment under Article 21. Citing Common Cause and Alembic Pharmaceuticals cases, the Court held that allowing such clearances would undermine the entire environmental regulatory framework.
It also found that the 2017 Notification, meant as a “one-time” measure, was being misused through ongoing circulars—breaching government assurances and statutory norms. The Bench expressed alarm at rising environmental damage in cities due to such unchecked industrial activity.
Orders:
- The 2017 Notification, 2021 OM, and related circulars are struck down.
- The government is barred from issuing retrospective ECs in the future.
- ECs already granted under these rules before May 16, 2025, will remain valid.