The Vanashakti verdict is balanced and pragmatic
The Supreme Court's landmark judgment in Vanashakti vs Union of India (July 29, 2026) reaffirmed the mandatory nature of prior Environmental Clearance (EC) under the EIA Notification, 2006, and closed previous administrative mechanisms for regularizing violations. However, the Court clarified that the Central Government retains statutory power under Section 3 of the Environment (Protection) Act, 1986, to frame a new, one-time statutory mechanism for legacy violation projects, provided it incorporates strict environmental safeguards, including damage assessment, remediation, and compensation, and is deemed necessary in the larger public interest. This judgment balances strict enforcement of environmental laws with practical realities, leaving the decision for a new policy to the government.
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