LexVANASHAKTI versus UNION OF INDIA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 5 S.C.R. 2618 : 2025 INSC 718 Vanashakti v. Union of India (Writ Petition (C) No. 1394 of 2023) 16 May 2025 [Abhay S. Oka* and Ujjal Bhuyan, JJ.] Issue for Consideration Whether the 2017 Notification issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) in the context of the EIA Notification 2006 for grant of ex post facto environmental clearances (EC) is legal and valid; Whether the 2021 Office Memorandum (OM) issued by the MoEFCC laying down the Standing Operating Procedure (SOP) for projects that have commenced without an EC is legal and valid. Headnotes† Environment (Protection) Act, 1986 – EIA Notification 2006 – MoEFCC’s 2017 Notification established process for grant of ex post facto or retrospective Environmental Clearance (EC) – Ex post facto EC is illegal – In violation of law laid down by the Court – Writ petitions and appeals accordingly allowed: Held: Under EIA Notification 2006, construction of new projects or activities, expansion or modernisation of existing projects or activities cannot be undertaken with prior EC – 2017 Notification sought to protect project proponents who committed gross illegality by commencing construction, operation or process without obtaining prior EC – Common Cause, Alembic Pharmaceuticals, and Electrosteel Steels followed – Very concept of grant of ex post facto EC is illegal – Even as a one-time measure illegal – EIA Notification was eleven years old when 2017 Notification issued – No equity in favour of those who committed such gross illegality – 2017 Notification struck down. [Paras 17, 18] EIA Notification 2006 – 2021 Office Memorandum issued by MoEFCC – EC granted under 2021 OM regularises the illegality * Author [2025] 5 S.C.R. 2619 Vanashakti v. Union of India done by commencing construction or commencing the project without prior EC – In substance, what is provided is grant of ex post facto EC – Completely prohibited under the law – OM struck down: Held: MOEFCC issued 2021 OM in purported compliance of National Green Tribunal’s order to prepare a Standard Operating Procedure (SOP) for grant of EC in cases of violation – Meaning of ex post facto considered – In effect, EC granted under 2021 OM regularises illegality done by commencing construction or commencing project without prior EC – In substance, what is provided is grant of ex post facto EC – Prohibited under Common Cause and Alembic Pharmaceuticals – Even though words ex post facto not used – OM is completely arbitrary and illegal – 2021 OM does something which was not permissible under the 2017 Notification – Deprecate such effort on part of Central Government. [Paras 29, 30] Constitutional law – Article 21 – Right to live in a pollution-free environment – Right to health – Infringed by 2021 OM – Article 51A(g) – Even the Central Government has duty to protect and improve the natural environment – Arbitrary action violative of Article 14: Held: Right to live in a pollution-free environment guaranteed under Article 21 – Measures such as 2021 OM violate this right – Also infringes on right to health guaranteed under Article 21 – OM deals with project proponents who have consciously flouted EIA Notification – Shown scant respect to the law and their duty to protect environment – Action is completely arbitrary – Violative of Article 14 – Article 51A(g) – Even the Central Government has a duty to protect and improve the natural environment. [Paras 32, 33] Environmental law – Relief – Central Government restrained from issuing granting ex post facto EC in any form or manner – Ex post facto ECs already granted not to be disturbed: Held: Central Government restrained from issuing circulars/orders/ OMs/ notifications providing for grants of ex post facto EC in any form or manner or for regularising acts done in contravention of the EIA Notification – ECs under the 2017 Notification and the 2021 OM remain unaffected – Clarified. [Paras 35, 36] 2620 [2025] 5 S.C.R. Supreme Court Reports Case Law Cited Common Cause v. Union of India & Ors. [2017] 13 SCR 361 : (2017) 9 SCC 499; Alembic Pharmaceuticals v. Rohit Prajapati [2020] 10 SCR 677 : (2020) 17 SCC 157; Electrosteel Steels Ltd. v. Union of India and Ors. [2021] 14 SCR 863 : (2023) 6 SCC 615; M.C. Mehta v. Union of India [2004] 3 SCR 126 : (2004) 12 SCC 118 – followed. Puducherry Environment Protection Association v. Union of India, 2017 SCC OnLine Mad 7056; Appaswamy Real Estat
Excerpt shown. Read the full judgment & AI analysis in Lexace.