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A Detailed Legal Analysis of the Supreme Court’s Ex Post Facto Environmental Clearance Ruling INTRODUCTION: THE SUPREME COURT REOPENS EX POST FACTO CLEARANCES In Confederation of Real Estate Developers Association of India (CREDAI) v. Vanashakti & Ors. , 2025, a two-judge majority (Justice BR Gavai and Justice K Vinod Chandran) reopened the possibility of granting ex post facto Environmental Clearances (ECs) — approvals given after construction has already begun. Justice Ujjal Bhuyan dissented. The verdict effectively reverses the landmark May 2024 judgment in Vanashakti v. Union of India , which categorically prohibited such retroactive approvals. This ruling marks one of the most consequential environmental decisions in recent years, reopening the door for developers to operate without prior scrutiny, and later regularise the project with penalties or corrective measures. BACKGROUND: THE MAY 2024 VANASHAKTI JUDGMENT The original Vanashakti v. Union of India judgment (May...

The Unending Cycle of Smoke and Inaction Despite years of judicial intervention and environmental alarm, Punjab’s farm fire problem remains unresolved . Between 2022 and 2024 , nearly 7,000 FIRs were filed against farmers for paddy stubble burning , a practice that contributes significantly to North India’s toxic air every winter. Yet, most of these cases have not resulted in chargesheets, convictions, or substantial penalties . The data reveals that Punjab registered 5,783 FIRs in 2024 , compared to 1,144 in 2023 and just 44 in 2022 . However, police and prosecution records show that these cases are either pending, withdrawn, or closed after nominal fines ranging from ₹500 to ₹1,000 — a symbolic rather than substantive enforcement.

Background of the Case The Union government has informed the Supreme Court of India that it cannot investigate corruption and nepotism allegations against Arunachal Pradesh Chief Minister Pema Khandu , as the matter pertains to state jurisdiction. The Centre clarified that issues concerning the Code of Conduct for Ministers and public procurement rules fall within the state government’s domain , not the Centre’s. The statement came in response to a Public Interest Litigation (PIL) filed by two non-profit organisations — Save Mon Region Foundation and Voluntary Arunachal Sena — seeking a probe into alleged irregularities in the award of public contracts to firms linked to Khandu’s family members. The Petition and Allegations The petitioners accused Chief Minister Pema Khandu , his father’s second wife Rinchin Drema , and his nephew Tsering Tashi of benefitting from public contracts awarded by the Arunachal government. They alleged that such actions violated: The Code of ...

1. Background of the Case The Supreme Court of India, led by Chief Justice Bhushan R. Gavai, has severely criticised the Maharashtra Government for its poor record in carrying out compensatory afforestation in the Aarey region. The issue came up during the hearing of an application filed by the Mumbai Metro Rail Corporation Limited (MMRCL) seeking permission to cut trees for the Goregaon–Mulund Link Road (GMLR) project, a tunnel connecting Filmcity in Goregaon with Khindipada in Mulund. An inspection report presented by Anitta Patil , Director of Sanjay Gandhi National Park (SGNP) , revealed that out of 20,460 saplings planted as compensatory afforestation, only 50% survived . Most surviving trees were poorly maintained, with stunted growth, low height, and little ecological recovery due to lack of maintenance, poor soil conditions, water scarcity, and grazing . 2. Supreme Court’s Observations The bench comprising CJI Bhushan R. Gavai and Justice K. Vinod Chandran expres...

The Bombay High Court has issued a significant environmental directive, ordering six district administrations in the Konkan region — Mumbai City, Mumbai Suburban, Thane, Palghar, Raigad, and Sindhudurg — to transfer 10,000 hectares of mangrove land to the Maharashtra Forest Department within two months . The order, passed by a division bench comprising Justice Revati Mohite-Dere and Justice Sandesh Patil , came in response to a contempt petition filed by the Mumbai-based NGO Vanshakti in 2018 . The case underscores the persistent failure of local administrations to implement earlier court orders aimed at protecting the state’s vital mangrove ecosystems. Background of the Case The petition by Vanshakti , an environmental NGO, was filed after the state failed to comply with the Bombay High Court’s 2018 directions mandating the transfer of mangrove lands to the forest department’s mangrove cell for protection. According to Vanshakti, although 4,000 hectares of mangrove land ...

After 40 Years, Toxic Waste at Union Carbide Factory in  Bhopal to Be Disposed The Historic Step Towards Cleanup After four decades , the toxic waste materials at the Union Carbide factory in Bhopal, Madhya Pradesh, are finally set to be disposed of. This monumental action follows an order from the Madhya Pradesh High Court and represents a significant effort to mitigate the aftermath of the Bhopal Gas Tragedy , the world's worst industrial disaster . The process of packing toxic waste has commenced under stringent safety measures, with supervision by officials from the Central Pollution Control Board (CPCB) and the Madhya Pradesh Pollution Control Board (MPPCB) . The Bhopal Gas Tragedy and the Principle of Absolute Liability On the night of December 2-3, 1984 , a massive leakage of methyl isocyanate (MIC) gas from Union Carbide's pesticide plant resulted in the death of thousands and left a trail of long-term health and environmental repercussions. In response to th...

Delhi High Court Ensures Safety for Animal Activist  Amid Dairy Colony Relocation Case In a significant move, the Delhi High Court has ordered the Delhi Police to provide protection to animal rights activist Sunayana Sibal, who played a crucial role in the court's decision to relocate dairies from Bhalswa to Ghogha. This decision was prompted by threats made against Sibal after she successfully petitioned the court, highlighting severe violations in the treatment of animals within these dairy colonies. Police Protection for Sunayana Sibal On August 23, 2024, the bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed the Delhi Police Commissioner to conduct a thorough threat perception analysis for Sibal by August 27. This directive came after Sibal reported an attempted threat by two unidentified individuals from Madanpur Khadar, who visited her home in her absence. The court expressed grave concern over these threats, emphasizing that any intimidati...