Ex post facto environmental clearance is impermissible
Vanashakti v. Union of India
Supreme Court of India | Writ Petition (Civil) No. 1394 of 2023
The Supreme Court has held that the grant of ex post facto environmental clearances (ECs) is unconstitutional and against the Environment (Protection) Act, 1986 (EP Act), while preserving the validity of the already-granted post facto ECs for existing projects.
This decision signals a decisive shift in judicial attitude toward environmental violations, significantly impacting the real estate, infrastructure, and power sectors, amongst others. Prior EC is now a strict legal requirement, not a post facto formality, as violations will not be excused through regularisation. Companies should reinforce internal environmental governance frameworks and engage early with the Environmental Impact Assessment (EIA) process to mitigate legal, financial, and reputational risks. Further relief for projects commenced without prior EC will remain