No retrospective green clearances: Top court
The Bench asked the petitioners against the amendment led by senior counsel Kapil Sibal and Solicitor General Tushar Mehta, representing the Centre, to file their short written notes by Monday. File photo
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Noting that the right to live in a pollution free atmosphere was a part of the fundamental right to life, the SC on Friday struck down a 2017 notification and related Office Memoranda (OMs) issued by the Centre, allowing retrospective environmental clearances to projects in violation of norms.
“We hold that the 2017 notification and the 2021 OM, as well as all circulars, orders, and notifications issued for giving effect to these notifications are illegal and hereby struck down. We restrain the Central Government from issuing circulars, orders, notifications, OMs providing for grant of ex-post facto EC in any form or manner,” a Bench of Justice AS Oka and Justice Ujjal Bhuyan said.
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The SC restrained the Centre from issuing any such notification in future even as it said clearances already granted would continue to operate.
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