The Supreme Court, in a majority judgment on Tuesday (November 18, 2025), recalled its May 16 judgment declaring that the grant of ex post facto or retrospective Environmental Clearances (EC) by the Centre to building projects and constructions was a “gross illegality” and an “anathema”.

Chief Justice of India B.R. Gavai and K. Vinod Chandran, in separate but concurrent opinions, upheld the review petition filed by a Builders Association of India (BAI) against the May 16, 2025 judgment.

The third member of the Bench, Justice Ujjal Bhuyan, in a dissenting opinion, found no cause to upset the verdict. Justice Bhuyan was part of the two-judge Bench headed by Justice A.S. Oka (now retired) which delivered the May 16 judgment.

One of the reasons to recall the judgment is the massive exer

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