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Supreme Court of India 2021-11-26 disposed

M/S. SAI BABA SALES PVT. LTD vs UNION OF INDIA & ORS

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

A real estate developer obtained Environmental Clearance from the municipal corporation for a housing project under the altered notification of 2016. After substantial construction, the NGT quashed portions of the 2016 notification. The Supreme Court held that the completed buildings must be protected because the developer had acted in good faith on a validly issued clearance and made substantial investments. However, the Court clarified that any further construction requires fresh clearance under the current regulatory framework. The decision applies the doctrine of legitimate expectation to balance development rights with environmental regulation.

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Environmental Law Administrative Law Legitimate Expectation Environmental Clearance National Green Tribunal Urban Development

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