Post-Facto Environmental Clearances: A Judicial Stand against the 'Clear First, Get Clearance Later' Culture
UPSC Relevance
Prelims: Indian Polity and Governance (Judiciary - Supreme Court, NGT); Environment (Environmental Impact Assessment - EIA, Environment Protection Act 1986, Coastal Regulation Zone - CRZ).
Mains:
General Studies Paper 2 (Polity & Governance): Separation of powers between various organs; Structure, organization and functioning of the Executive and the Judiciary; Government policies and interventions.
General Studies Paper 3 (Environment & Economy): Conservation, environmental pollution and degradation, environmental impact assessment; Indian Economy and issues relating to growth, development.
Essay: The "Development vs. Environment" debate.
Key Highlights from the News
The Supreme Court ruled that post-facto or retrospective environmental clearances, obtained after a project has commenced, are illegal.
This means that if a project does not have prior environmental clearance (EC), it cannot be legalized later.
This judgment upholds a 2013 order by the National Green Tribunal (NGT). However, the 12-year delay has created significant legal uncertainty.
There is strong concern that if this judgment is implemented, thousands of existing buildings, factories, and other infrastructure lacking prior approval might need to be demolished.
Experts fear that such mass demolitions could cause further environmental damage.
A major drawback of the judgment is that it does not clarify how existing violations should be handled.
The Supreme Court has now agreed to review this judgment.
The article proposes a "hybrid compliance model" as a practical solution, which involves imposing fines on violators and requiring them to restore the environment.
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