Supreme Court struck down the Centre's 2021 office memorandum that allowed retrospective environmental clearance for projects without prior clearance, calling it an unconstitutional perpetual regime. However, the Court upheld the 2017 notification as valid delegated legislation, allowing narrow exceptions in public interest. The ruling applies prospectively, leaving existing clearances untouched.
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- ›Bench: CJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
- ›Struck Down: 2021 Office Memorandum
- ›Target this Data: 2021 office memorandum struck down; 2017 notification upheld
- ›Target this Nodal Body: Supreme Court bench – CJI Surya Kant, Justices Joymalya Bagchi, Vipul M Pancholi
- ›Target this Legal Point: Section 3 of Environment Protection Act, 1986; Articles 14 and 21
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