Supreme Court Declares Ex-Post Facto Environmental Clearances Unconstitutional

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In Vanashakti v. Union of India (2025 SCC OnLine SC 1139), the Supreme Court declared ex-post facto environmental clearances unconstitutional, reinforcing that prior clearance under the EIA Notification, 2006 is mandatory. Citing Common Cause (2017) and misuse seen after Pahwa Plastics (2022), the Court stressed stricter environmental governance and procedural compliance. While future retrospective clearances are barred, existing ones remain valid, leaving concerns for ongoing projects.

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