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The Supreme Court on Wednesday quashed a 2021 office memorandum that created a mechanism for the Union government to grant environmental clearances to projects that had commenced operations without obtaining an approval, Live Law reported.

The court held that the government cannot introduce such a scheme through an administrative order.

It also noted that the government has the power to provide for retrospective environmental clearances through a statutory notification issued under the 1986 Environment Protection Act.

A bench headed by Chief Justice Surya Kant, in a unanimous verdict, held that the judgement would apply prospectively, meaning that the projects that had been given post-facto environmental clearances will not be affected.

The bench also said that the Union government has power under the Environment Protection Act to issue notifications that would allow certain categories of projects that began without getting an environmental clearance to obtain a retrospective approval in the larger public interest, PTI reported.

The projects include the AIIMS Medical College and Hospital building in Odisha, the Centre of Excellence for Cancer Diseases in Tamil Nadu, the Vijayapura airport in Karnataka, slum rehabilitation projects and irrigation projects intended for drought-prone areas.

The court said the 2021 office memorandum was an administrative order that created a perpetual mechanism to grant environmental clearances to projects that were undertaken without...

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