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SC quashes 2021 OM granting Centre, others power to grant retrospective green nod to projects
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“The 2021 OM (Office Memorandum) is an administrative order, and provides for a perpetual regime for grants of EC to projects undertaken without prior approval.
The 2021 OM thereby subplants an earlier dedicated legislation through an administrative instruction, which is impermissible in law,” the bench said.
Thus, the 2021 OM is quashed, but with prospective effect.”
It made clear that no further applications for grant of ECs under the 2017 notification and the 2021 OM shall be entertained.
The pleas include review petitions related to the granting of retrospective ECs to projects found violating green norms.