Supreme Court strikes down 2021 environmental clearance order, but permits amnesty schemes

The Supreme Court has quashed a 2021 Office Memorandum that allowed ex post facto environmental clearance for projects, ruling it invalid. However, the bench upheld the Centre's authority to provide amnesty schemes for undertakings that commenced without prior environmental approval.

The court clarified that retrospective clearances granted under the 2017 notification—which offered a one-time amnesty for such projects—and the 2021 OM would remain enforceable unless individually challenged in accordance with law. The judgment distinguishes between blanket retrospective clearance mechanisms and targeted amnesty frameworks.