Vanashakti Vs Union Of India 2025 INSC 718 - Ex Post Facto EC - EIA Notification

Environment Impact Assessment Notification - The concept of ex post facto or retrospective EC is completely alien to environmental jurisprudence and the EIA notification (Para 18)- The 2017 notification and the 2021 OM as well as all circulars/orders/OMs/notifications issued for giving effect to these notifications are illegal and are hereby struck down -Central Government restrained from issuing circulars/orders/OMs/notifications providing for grant of ex post facto EC in any form or manner or for regularising the acts done in contravention of the EIA notification- ECs already granted till date under the 2017 notification and the 2021 OM shall, however, remain unaffected.

Ex post facto- Various dictionary meanings can be summarised as under: a) Having retrospective effect or force; b) From a thing done afterwards; c) Retroactive or affecting something that has already happened. (Para 28)

Quotable Quotes - In environmental matters, the Courts must take a very strict view of the violations of the laws relating to the environment. It is the duty of the Constitutional Courts to do so. (Para 32) Can there be development at the cost of environment? Conservation of environment and its improvement is an essential part of the concept of development. (Para 34)

Constitution of India - Article 51A - Even the Central Government has a duty to protect and improve the natural environment. (Para 32)

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