Citing public interest and legal flaws, the Supreme Court, in a 2-1 decision Tuesday, recalled its May 16 ruling that had struck down a Central government notification allowing grant of environmental clearance (EC) for projects ex post facto — in short, clearance for projects after commencement.

While Chief Justice of India B R Gavai and Justice K Vinod Chandran backed the recall, Justice Ujjal Bhuyan dissented saying the majority decision “overlooks the very fundamentals of environmental jurisprudence” and “is a step in retrogression”.

The matter will now be placed before the CJI for further action.

Tuesday’s decision came on a petition filed by the Confederation of Real Estate Developers of India (CREDAI) and applications by the Steel Authority of India (SAIL) and State of Karnataka,

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