Endeavour should be to minimise scope of committing any mistake, says SC

During the hearing on Thursday, senior advocate Gopal Sankaranarayanan, appearing in the matter, referred to the November verdict delivered on a review petition and said the three-judge bench had given certain findings on the merits of the matter.

The Supreme Court on Thursday observed that as the highest court of the country, the endeavour should be to minimise the scope of committing any mistake which may have a far-reaching effect on the development and growth of the nation. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi cautioned that a message should not be conveyed that there is no element of predictability in the judicial system. The observations came when the top court was hearing the pleas related to the issue of retrospective environmental clearance to projects. ''We should also see the implications and consequences on the country as a whole. In the highest court, let us minimise the scope of committing any mistake which may have a far reaching, devastating effect on the development, on the growth of the nation or the environment,'' the CJI said. On November 18 last year, reversing its own verdict, the apex court paved the way for retrospective environmental clearance by the Centre and other authorities to projects found violating environmental norms on payment of heavy penalties, observing that otherwise ''thousands of crores of rupees would go in waste''. The top court, by a 2:1 majority, held that numerous vital public projects constructed out of public exchequer to the tune of nearly Rs 20,000 crore will be demolished if the May 16, 2025, verdict, which barred the Centre from granting retrospective environmental clearance to projects, is not recalled. During the hearing on Thursday, senior advocate Gopal Sankaranarayanan, appearing in the matter, referred to the November verdict delivered on a review petition and said the three-judge bench had given certain findings on the merits of the matter. He said the earlier verdict of May was by a two-judge bench. ''There should not be any wrong impression to any stakeholder that the court do not consider all the things while passing the order. There is a judgement given on the review petition. That bench heard the matter at length and they have taken a view. We should respect that view also,'' the bench observed. The bench said a message should not go that there was no element of predictability, certainty in the judicial system or that the courts were inconsistent. Some of the advocates also referred to the interlocutory applications filed in the matter. The bench said it would hear the matter, including the applications, on Monday. The top court's May 16 verdict by a two-judge bench had barred the Ministry of Environment, Forests and Climate Change and the authorities concerned from granting retrospective environmental clearances to projects which are found in violation of environmental norms.

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