Ex post facto environmental clearances should not be routine and must be limited to exceptional circumstances to uphold environmental protections.

ORDER :

(M. Sundar, J.) :

This common order will govern the captioned three 'Writ Petitions' ('W.Ps' in plural and 'W.P.' in singular for the sake of brevity), captioned 'writ miscellaneous petitions' thereat ('W.M.Ps' in plural and 'W.M.P' in singular for the sake of brevity), captioned Contempt Petition and Sub Application thereat.

2. In 'captioned W.P.(MD)No.8866 of 2021' (hereinafter 'I Fatima WP' for the sake of convenience) inter-alia a 'Office Memorandum' [hereinafter 'OM' in singular and 'OMs' in plural, though plural of 'memorandum' is 'memoranda' for the sake of brevity] dated 19.02.2021 issued by the sole respondent thereat ['Ministry of Environment, Forest and Climate Change' (hereinafter 'MoEF' for the sake of brevity)] has been assailed. This 19.02.2021 OM issued by MoEF shall hereinafter be referred to as 'I impugned OM' for the sake of convenience. In this I Fatima WP, vide an interim order dated 30.04.2021 made in W.M.P.(MD)No.6666 of 2021, another Hon'ble Division Bench has stayed this I impugned OM prospectively, this interim order has been assailed in Hon'ble Supreme Court by 'Union of India' {hereinafter 'UOI' for the sake of brevity} vide S.L.P.(C)Diary No.33840 of 2023, notice has been issued and interim stay {interim stay qua interim stay order of Madras High Court Division Bench, i.e., in effect suspending the interim stay granted by another Division Bench of Madras High Court} had been granted by Hon'ble Supreme Court vide order dated 04.09.2023 which is operating and Hon'ble Supreme Court is in seizin of the SLP.

3.In 'captioned W.P.(MD)No.11757 of 2021' (hereinafter 'II Fatima WP' for the sake of convenience), inter-alia a OM dated 07.07.2021 issued by the sole respondent thereat, i.e., MoEF has been assailed and an interim order dated 15.07.2021 made in W.M.P.(MD)No.9241 of 2021 in this II Fatima WP reported in 2021 SCC OnLine Mad 12936 staying the operation of this 07.07.2021 OM issued by MoEF {hereinafter 'II impugned OM' for the sake of convenience and clarity} is operating.

4.The aforementioned II impugned OM along with a notification dated 28.01.2022 issued by MoEF has been assailed in Hon'ble Supreme Court by way of a writ petition under Article 32 of the Constitution by a 'Non Governmental Organization' ('NGO' for the sake of brevity) which goes by the name 'Vanashakti', Hon'ble Supreme Court has issued notice, granted an interim order (subsequently clarified the interim order saying that the same will not come in the way of the competent authorities considering proposals for modifications/alterations in Environmental Clearances) and therefore, Hon'ble Supreme Court is in seizin of challenge to aforementioned II impugned OM.

5. In 'captioned W.P.No.18829 of 2021' (hereinafter 'III WP' and/or 'Bharathi WP' for the sake of convenience) inter-alia aforesaid I impugned OM (dated 19.02.2021) issued by first respondent thereat, i.e., MoEF has been assailed. In other words, the prayer is same as in I Fatima WP and III WP.

6.Captioned Contempt Petition No.56 of 2022 has been filed complaining of violation of an order dated 13.10.2017 made by a Division Bench of the Madras High Court in 'W.P.No.11189 of 2017' (hereinafter 'Puducherry WP' for the sake of convenience) wherein inter-alia a notification dated 14.03.2017 issued by MoEF was called in question. To be