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ARTICLE · 24 NOVEMBER 2025

Supreme Court Recalls Vanashakti Judgement Validity Of Ex Post Facto Environmental Clearance

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In a landmark decision with major implications for the real estate and infrastructure sectors, a three-judge bench of the Supreme Court of India by a majority view allowed the Review Petition filed by the Confederation of Real Estate Developers of India seeking review of the earlier judgment of the Court in Vanashakti v Union of India.

IndiaEnvironment
Vanita Bhargava
Vanita Bhargava
Vishal Shrivastava
Vishal Shrivastava
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Introduction

In a landmark decision with major implications for the real estate and infrastructure sectors, a three-judge bench of the Supreme Court of India by a majority view allowed the Review Petition filed by the Confederation of Real Estate Developers of India (CREDAI) seeking review of the earlier judgment of the Court in Vanashakti v Union of India, 2025 SCC OnLine SC 1139 (Judgment Under Review/ JUR), which held that the mechanism for granting ex post facto Environmental Clearance (EC) is invalid. The Supreme Court by a 2:1 majority set aside the JUR and restored the original petitions for fresh hearing, thereby temporarily lifting the imminent threat of demolition or closure of projects that were completed or near-completion, but lacked a prior EC.

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