New Delhi: The Supreme Court Tuesday recalled its May judgment that quashed a 2017 notification and a 2021 office memorandum (OM) of the central environment ministry, permitting ex post-facto environmental clearances to projects, holding it as per incuriam (oversight of precedent) and not in public interest.

A three-judge bench led by Chief Justice B.R. Gavai, by 2:1 majority, decided to reconsider the earlier verdict after concluding that it was in conflict with the top court’s earlier decisions on the issue and could lead to the demolition of government’s ongoing welfare and infrastructure projects worth over Rs 20,000 crore.

CJI Gavai authored the majority opinion on behalf of Justice Vinod Chandran and himself. Justice Ujjal Bhuyan dissented and disagreed with the CJI’s view, noting

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