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ARTICLE · 29 JANUARY 2026

Supreme Court Allows Practice Of Post-facto Environmental Clearance

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The Supreme Court while placing reliance on Section 15 of the Environment Protection Act, 1986 ("EPA") the provision neither authorizes nor prohibits regularisation of projects and the understanding that the projects must be stopped and demolished after penalties are paid is an incorrect interpretation of statute

IndiaEnvironment
Sagus Legal LLP
Sagus Legal LLP

The Supreme Court through its judgement dated 18.11.2025 in Confederation of Real Estate Developers of India (CREDAI) v. Vanashakti and Anr1 recalled its earlier verdict in Vanashakti v. Union of India2 dated 16.05.2025 and held that Environmental Clearance ("EC") can be granted in case of permissible activities as defined under the applicable regulatory framework.

The Supreme Court while placing reliance on Section 15 of the Environment Protection Act, 1986 ("EPA") the provision neither authorizes nor prohibits regularisation of projects and the understanding that the projects must be stopped and demolished after penalties are paid is an incorrect interpretation of statute.

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