What happened: Vanashakti ruling on mandatory prior EC and limits of violation regularisation
The Supreme Court judgment in Vanashakti vs Union of India (decision dated July 29, 2026) examined how environmental clearance (EC) requirements apply when a project started without having obtained EC under the Environment Impact Assessment (EIA) framework.
In its interpretation, the Supreme Court reiterated that:
- Prior EC is mandatory under the 2006 EIA Notification for projects that fall within the Notification’s coverage.
- Proponents who began work without EC and who do not fit earlier “violation regularisation” windows cannot seek regularisation under later violation-related mechanisms.
The Supreme Court also addressed the status of later government procedures described in the commentary, emphasising that the ability to regularise depends on whether the legal pathway exists for that category of legacy non-compliance.
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