In Brief
This landmark case reviews a May 2025 Supreme Court judgment striking down the 2017 Notification and 2021 Office Memorandum that allowed ex post facto environmental clearances for projects started without prior approval. By a 2-1 majority, the Court recalled the prior judgment, finding it per incuriam (decided without considering binding coordinate-bench precedents). The majority held that while ex post facto clearances should not be routine, they are not absolutely prohibited—they may be granted in appropriate cases subject to stringent conditions, damage assessments, penalties, and remediation plans under the polluter-pays principle. The dissent argued that ex post facto clearances are fundamentally alien to environmental jurisprudence and violate non-regression principles. The majority emphasized practical consequences: demolishing completed AIIMS hospitals, airports, and treatment plants would waste public resources and create greater pollution. The case exemplifies tension between strict environmental compliance and pragmatic governance of already-completed infrastructure projects of public importance.
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