The Pendulum Of Environmental Pragmatism: A Critical Appraisal Of Confederation Of Real Estate Developers Of India (CREDAI) V. Vanashakti
- IJLLR Journal
- 3 hours ago
- 1 min read
Shuhool Fotedar, University School of Law and Legal Studies
ABSTRACT
This case commentary delves into the Hon’ble Supreme Court of India’s judgement in Confederation of Real Estate Developers of India v. Vanashakti & Ors. The judgement rendered by a three-judge bench in a 2:1 majority on November 18, 2025 recalled the Court’s prior ruling in Vanashakti v. Union of India delivered on May 16, 2025. The initial ruling had invalidated the regulatory framework for granting retrospective environmental clearances to projects which had commenced without prior authorization. This commentary analyses the significant jurisprudential shift from the Precautionary Principle to a Principle of Proportionality grounded in economic pragmatism. It questions how the majority applied the per incuriam doctrine to override established environmental regulations. Furthermore, the commentary devotes significant attention to the dissenting opinion of Hon’ble Justice Ujjal Bhuyan, which articulates the hazards of regularizing environmental violations under the umbrella of sunk costs. The commentary also highlights how the judgement formalises the fait accompli doctrine, creating a legal paradox that hollows out prior environmental clearances and safeguards.
