Ex Post-Facto Environmental Clearances Ought To Be Provided Under Exceptional Circumstances: Supreme Court

INTRODUCTION

A 2-judge bench of the Supreme Court ("SC") in its judgment dated 22 September 2022, in D Swamy v. Karnataka State Pollution Control Board examined the legality of the 2017 notification issued under Section 3(1) and Section 3(2)(v) of the Environment Protection Act 1986 read with Rule 5(3)(d) of the Environment Protection Rules 1986. The 2017 notification provided for the grant of an ex post-facto environmental clearance for projects which had commenced / continued / completed operations without obtaining the requisite clearance. The SC has clarified in further detail the legality of ex post-facto environmental clearances considering the conflict between the High Court and an earlier precedent of the SC.