Justice Bhuyan’s Dissent On Post-Facto Environmental Clearances

Justice Bhuyan issued a strong dissent warning against permitting post-facto environmental clearances, especially in the context of Delhi’s severe air pollution. He cautioned that relaxing environmental safeguards would undermine the precautionary and sustainability principles. The dissent criticized the majority for backtracking on strict environmental scrutiny, stressing that judicial dilution of environmental norms could embolden violators. Justice Bhuyan emphasized that industrial non-compliance cannot be legitimized retrospectively under the guise of economic development.