The requirement for prior environmental clearance is non-negotiable under the Environment Protection Act, and ex post facto clearances contradict fundamental environmental jurisprudence, emphasizing the need for protection from environmental degradation.

JUDGMENT :

B.R. GAVAI, CJI.

I. INTRODUCTION

1. By way of the present review petition, the petitioner seeks recall of the judgment and final order dated 16th May 2025 passed by this Court in the case of Vanashakti vs. Union of India , 2025 SCC Online SC 1139 (Hereinafter “JUR”)

2. Though certain other review petitions, including the one filed by the Union of India, and various Interlocutory Applications (IAs) for modification/clarification of JUR are pending, it was decided that the lead review petition i.e. the present one would be heard first and that after the outcome of this review petition, rest of the applications would be considered. We have, however, also heard learned counsel for the other review petitioners and the learned counsel for those who have filed applications for modification/clarification of the JUR.

3. Vide JUR, this Court has directed thus:

“35. We are, however, conscious of the fact that ex post facto EC may have been granted in certain cases both under the 2017 notification and the 2021 OM. ECs already granted under 2017 notification and the 2021 OM, at this stage, should not be disturbed.

36. Hence, we pass the following order:

(a) We hold that 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;

(b) We restrain the Central Government 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;

(c) We clarify that the ECs already granted till date under the 2017 notification and the 2021 OM shall, however, remain unaffected.”

4. The facts giving rise to the present review petition are as under.

5. In pursuance of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986¹ [Hereinafter, “EP Act”] read with clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986² [Hereinafter “EP Rules”] the Central Government through the erstwhile Ministry of Environment and Forest (now the Ministry of Environment, Forest and Climate Change³ [Hereinafter “MoEF&CC”]) issued a notification dated 14th September 2006 being the Environment Impact Assessment Notification 2006.⁴ [Hereinafter “2006 Notification”] Vide the said notification, it was provided that the regulatory authority in respect of the matters falling under Category ‘A’ would be MoEF&CC and in respect of the matters falling under Category ‘B’ the State Government through the State Environment Impact Assessment Authority⁵ [Hereinafter “SEIAA”] would be the regulatory authority. In the Schedule to the 20