Post-Facto Environmental Clearances Granted to 50 Projects Since 2021, Says Minister
In a significant disclosure, Minister of State Kirti Vardhan Singh informed the Rajya Sabha on Thursday that the Centre has accorded post-facto environmental clearances to 50 projects spanning 13 states and one Union Territory since 2021. This revelation came in a written reply to questions raised by Members of Parliament Mukul Wasnik, Ranjeet Ranjan, Haris Beeran, and Phulo Devi Netam, who sought details on the number of such clearances issued.
Expert Panel Recommends Rs 327.43 Crore for Remediation Efforts
The ministry's expert panel, responsible for appraising these projects, has also recommended an allocation of Rs 327.43 crore. This funding is earmarked for the implementation of remediation plans and a natural and community resource augmentation plan, aimed at mitigating environmental impacts and enhancing local resources affected by the projects.
Historical Context and Legal Challenges
The practice of post-facto clearances has a contentious history. In March 2017, the Centre introduced a one-time opportunity regime, allowing projects that had commenced work without prior environmental approvals to apply for clearances retrospectively. This was followed by a Standard Operating Procedure (SOP) in 2021, which outlined penalties for violations during the appraisal process for such projects.
However, these regulations faced legal scrutiny. The Supreme Court initially struck down the post-facto clearance mechanism in May 2025, but this verdict was later recalled by a bench led by then Chief Justice B R Gavai in November 2025, leaving the legal status in a state of flux.
Implications for Environmental Governance
This development highlights ongoing debates in environmental governance, balancing industrial growth with ecological protection. The post-facto approvals raise questions about compliance and enforcement, especially as projects proceed without initial green nods. The recommended remediation funds suggest efforts to address past violations, but critics argue this may set a precedent for lax oversight.
The data tabled in Parliament underscores the scale of such clearances, with projects spread across multiple regions, indicating widespread reliance on this mechanism. As environmental policies evolve, stakeholders continue to monitor how such practices align with sustainable development goals and legal frameworks.
