CITATION: 2025 INSC 718
BANCH: Justice Abhay S. Oka, Justice Sanjay Karol, Justice Manoj Misra
JUDGEMENT: 5 August 2025
- INTRODUCTION:
Vanashakti v. Union of India, 2025is a landmark environmental law case in India that reaffirmed the mandatory nature of prior environmental clearance (EC) for projects likely to have an environmental impact. Vanashakti is a non- profit environmental organization based in Mumbai (Maharashtra). It aims to conserve the forests, wetlands and habitats, through education and litigation to achieve its objectives of creating awareness about environmental topics. Supreme Court reaffirmed that prior environmental clearance is mandatory, it did not encourage ex-post-facto ECs, also tightened EIA oversight, and reinforced the precautionary principleand public trust doctrine, while clarifying the roles of MoEFCC/SEIAA. It also stressed that all projects should follow environmental compliance rules.
The Precautionary Principle, recognized in the Rio Declaration on Environmental and Development, states that precautionary measures must be taken before starting projects that may seem to harm the environment. Hence it is important to obtain environmental clearance before starting the construction of any project and not after the damage has occurred.
The principle of Intergeneration Equity, discussed in the Stockholm Declaration and the Rio Declaration, highlights that natural resources and the environment much be protected for the future generations.
By rejecting the ex-post facto environmental clearance, the Supreme Court reinforced environmental protection and promoted ecological awareness in India.
- Importance of Environmental Clearance:
Environmental clearance stands as a crucial checkpoint in the journey of development projects. It acts as a safeguard, ensuring that progress is made without damaging the balance of our environment.
Why clearance is required:
- It protects the environment it ensures that the projects do not harm the ecosystems or natural resources.
- Many countries demand environment clearances as a part of their regulatory framework for development projects.
- Helps protect the health and well- being of communities by limiting environmental pollution and other environmental dangers.