SC bars post-facto Environmental Clearances for projects
Srinagar, Aug 14: The Supreme Court of India, in the case of Vanshakti vs Union of India, has categorically prohibited the practice of granting post-facto Environmental Clearances (EC), Environmental Impact Assessment (EIA) approvals, or any similar permissions to regularise infrastructure projects, including those undertaken by the Government.
In the recent Judgment, the apex court has observed that the environment “cannot be compromised for administrative convenience or economic expediency”. The bench stated that all infrastructure projects — whether executed by private entities or government departments — must obtain mandatory EC/EIA approvals before initiating any construction or operational work.
The Court cautioned that the practice of granting post-facto approvals not only undermines the statutory scheme of environmental protection laws but also defeats the very purpose of pre-project impact assessment. Such retroactive legalisation, it noted, allows irreversible damage to occur before scrutiny, which is contrary to the principles of sustainable development and the precautionary approach enshrined in environmental jurisprudence
The judgment will have a significant bearing on ongoing and future government infrastructure works. Ministries, departments, and agencies will now be required to secure environmental and statutory clearances in advance, even for projects of public importance such as roads, bridges, government buildings, and urban development schemes.
Legal experts say the decision reinforces accountability and will compel project proponents to integrate environmental safeguards from the planning stage itself. It also strengthens the enforcement powers of the Ministry of Environment, Forest and Climate Change (MoEFCC) and State-level authorities.
The Vanshakti case was brought before the Supreme Court, highlighting concerns over large-scale projects being executed without prior EC/EIA approvals and subsequently being regularised through post-facto permissions. The petitioners argued that such practices diluted the regulatory framework and caused irreversible ecological harm.
The Court’s ruling is expected to set a precedent in ensuring strict compliance with environmental laws, aligning India’s development trajectory with its climate and sustainability commitments.
In a related judgment, the Supreme Court on August 5, has reiterated the need to do away with post facto EIA/ EC and SEIA NOC and permissions as passed by it in its earlier judgment.
The judgment has also barred education institutes and other developmental projects with a built-up area of over 20000 sq ft for carrying out their construction without obtaining pre-EIA/ EC and State EIA NOC and related permissions
The Supreme Court has observed, “It cannot be gainsaid that if any construction activity for an area of more than 20,000 sq. mtr. is to be carried out, it will naturally have an effect on the environment and ecology, even if the building is for an industrial shed or for educational purposes, including hostels etc. There is any rational nexus with the object to be achieved by excluding such buildings from the rigours of the notification. We, therefore, see no reason to discriminate against the other buildings with the buildings constructed for industrial or educational purposes.”
