# Supreme Court quashes post-facto green clearance order

2026-08-07T12:46:00+00:00 | Governance | Indian Opinion Desk

Corroboration: 1 independent outlet

The Supreme Court on July 29 struck down the 2021 executive order that allowed post-facto environmental clearances for projects that started without prior approval. The three-judge bench held the office memorandum unconstitutional, but said the Centre can issue statutory amnesty schemes under the Environment Protection Act, 1986. Existing clearances granted under both the 2017 and 2021 schemes remain valid. Environmental groups called the ruling a dilution of environmental law, while the court noted the OM equated compliant and defiant projects. The judgment prospectively ends the post-facto clearance regime, but opens a statutory route for regularisation. Activists argue this could encourage lawlessness unless strictly limited.

## Coverage

- india.mongabay.com <https://india.mongabay.com/2026/08/supreme-court-upholds-centres-power-to-notify-post-facto-clearance/>
- hindustantimes.com <https://www.hindustantimes.com/ht-explainers/india-law-post-facto-environmental-clearance-evolution-supreme-court-ruling-centre-development-projects-moef-101786091359677.html>

Tags: amnesty scheme, EIA notification, Environment Protection Act, environmental clearance, post-facto clearance, Supreme Court
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