JUDGMENT

Dr Dhananjaya Y. Chandrachud, J.

By a judgment dated 8 January 2016, the Bench of the National Green Tribunal ["NGT"] for the Western Zone held that a circular issued by the Union Ministry of Environment and Forests ["MoEF"] on 14 May 2002 is contrary to law. The circular envisaged the grant of ex post facto environmental clearances. The NGT issued a slew of directions including the revocation of environmental clearances and for closing down industrial units operating without valid consents. On 17 May 2016, the NGT dismissed an application for review filed by one of the affected industrial units. The industrial units and MoEF are in appeal [Civil Appeal no 1526 of 2016 (Alembic Pharmaceuticals Limited); Civil Appeal no 3175 of 2016 (United Phosphorus Limited); Civil Appeal nos 6604-6605 of 2016 (Unique Chemicals); and Civil Appeal no 42756 of 2016 (Union of India)].

2. The Environmental Impact Assessment ["EIA"] notification of 27 January 1994 mandated prior Environmental Clearances ["EC"] for setting up and expansion of industrial projects falling within thirty categorie