SC urged to set up bench to hear afresh pleas on grant of retrospective environment clearances to projects

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was told by a lawyer that a three-judge bench be set up to hear the pleas afresh. "We will see," CJI Kant said.

Supreme Court of India. (File Photo | ANI)

NEW DELHI: The Supreme Court on Thursday was urged to constitute a bench to hear afresh the pleas related to grant of retrospective environment clearances to projects found in violation of environmental norms.

On November 18, 2025, a three-judge bench headed by the then Chief Justice B R Gavai by a majority of 2:1 paved the way for retrospective environmental clearance (ECs) by the Centre and other authorities to projects found violating environmental norms on payment of heavy penalties, observing that otherwise "thousands of crores of rupees would go in waste".

Prior to this, on May 16, 2025, a bench of Justice A S Oka, since retired, and Justice Ujjal Bhuyan had barred the Ministry of Environment, Forests and Climate Change (MoEFCC) and the authorities concerned from granting retrospective ECs to projects which are found in violation of environmental norms.

While reversing the decision, Justice Gavai-led bench had ordered fresh hearing on the pleas, including the one filed by NGO 'Vanshakti' on the issue.

On Thursday, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was told by a lawyer that a three-judge bench be set up to hear the pleas afresh. "We will see," CJI Kant said.

CJI Gavai and Justice K Vinod Chandran had formed the majority and reversed the May 16 verdict.

Justice Ujjal Bhuyan, who was part of the May 16 verdict penned by Justice Oka, who has since retired, wrote a strong dissent and said post-facto grant of EC is unknown and "anathema" to environmental law as they are contrary to both the precautionary principle as well as the need for sustainable development.

The majority verdict effectively revived the controversial 2017 notification and a 2021 Office Memorandum(OM) that created a pathway for projects that had started construction without mandatory prior EC to regularise their operations by paying penalties.

Justice Gavai had directed the registry to place the matter before the CJI on the administrative side for necessary orders to ensure a fresh hearing on pleas against the Centre's notification and OM.