New Delhi, March 24 -- The Supreme Court on Monday observed that the legislature should not be completely "denuded" of granting environmental clearances (EC) to development projects after they have commenced work, particularly when such decisions serve a higher public good such as hospitals or public utilities. Examining a challenge to two Central government orders of 2017 and 2021 providing for ex-post facto EC (granting clearance after commencement of a project), a bench headed byChief Justice of India Surya Kant said that while India contributes less than 10% to global warming, the burden of environmental protection often falls disproportionately on courts, even as countries with higher carbon footprints remain "indolent" and "indifferent". The court made the observations while hearing petitions led by NGO Vanashakti, which argued that while the legislature can grant exemptions from prior EC, the 2017 and 2021 notifications offer a "blanket" relaxation to projects that began without the mandatory green nod. The bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, said, "If post-facto clearance is for a hospital or public utility, it serves a higher public interest. In such a scenario, we will take it that the legislature is not denuded from issuing a notification. Everything has to be seen from the aspect of greater public good."htc...