SC Quashes 2021 Government Memo Granting Retrospective Green Nod to Projects

SC Quashes 2021 Government Memo Granting Retrospective Green Nod to Projects

The Supreme Court has quashed a 2021 office memorandum that created a mechanism for the Union government to grant environmental clearances to projects that had commenced operations without obtaining an approval. The court held that the government cannot introduce such a scheme through an administrative order. The court also noted that the government has the power to provide for retrospective environmental clearances, but this must be done through a legislative process. The quashing of the memorandum is expected to have significant implications for the environmental clearance process in India.