Post-facto CRZ clearance prima facie dilutes the Environment Act: Bombay HC In a recent interim order, a division bench of the Bombay High Court, comprising of Chief Justice Dipankar Dutta and Justice GS Kulkarni has restrained the Ministry of Environment, Forests and Climate Change from granting environmental clearance (CRZ) to any project post-facto, based on its recent office memorandum. The office memorandum allows the grant of CRZ clearance to industries that have commenced construction without the prior CRZ clearance; thus, it regularizes such illegal construction. The court observed that the memorandum prima facie dilutes the rigours of the Environmental Act and other related enactments, and restrained the MoEF from granting clearance on the basis of the office memorandum till 31st August 2021, or until further orders. The bench also referred to the Supreme Court’s judgment in Alembic Pharmaceutical Limited v. Rohit Prajapati, in which it was stated that ‘ex post facto’ Environmental Clearance (EC) is against the fundamental principles of environmental jurisprudence. Reddy & Reddy Law Firm has a forte in handling matters related to Environment Law. They have an experienced team of lawyers ready to assist in all your disputes.