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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...

Introduction: A Major Shift in Maharashtra’s Urban Redevelopment Policy The Maharashtra Government has issued a significant Government Resolution (GR) dated 13 November 2024 , removing the requirement of obtaining individual slum-dwellers’ consent for cluster redevelopment projects . This marks a major departure from earlier slum rehabilitation frameworks, which depended heavily on consent thresholds ranging between 50% to 70% under various regulations. The new framework seeks to accelerate redevelopment in Mumbai and other urban pockets by enabling quicker clearance of slum clusters, integrating government-owned lands, and expanding permissible redevelopment zones, including CRZ-regulated areas. Removal of Consent Requirement Under the new GR, individual slum dwellers’ consent is not required for initiating cluster redevelopment. The Slum Rehabilitation Authority (SRA) will identify eligible cluster areas and forward them to the High Power Committee (HPC) for final approva...