The Union Environment Ministry has directed all Expert Appraisal Committees, State-level EIA Authorities and pollution control boards to resume processing pending, rejected or returned post-facto environmental clearance proposals.

The September 30 order implements the Supreme Court’s July 29, 2026 judgment in Vanashakti vs Union of India, where a bench led by CJI Surya Kant quashed the 2021 Office Memorandum on violation cases but held that projects already granted post-facto approval stay valid, and pending applications must be taken to a logical conclusion in accordance with law.

No fresh post-facto proposals will be accepted. Only proposals already pending, rejected, returned or de-listed because of the court’s interim orders will be processed through the PARIVESH portal.

Post-facto clearance covers projects that began work, expanded or modernised without the prior approval mandated under the EIA Notification, 2006. The court held prior clearance is mandatory unless amended, but upheld the 2017 notification as a narrowly tailored, time-bound one-time amnesty. Environmentalists argue retrospective clearances defeat the preventive purpose of environmental assessment.