VidhiSangh

Supreme Court of India · 26/11/2021

M/S SAI BABA SALES PVT. LTD. versus UNION OF INDIA

[2021] 11 S.C.R. 284 · 2021 INSC 795

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court protected four constructed buildings under environmental clearance obtained from the municipal authority when it was competent to grant it. Later partial invalidation of the governing notification did not justify adverse action against these structures on the facts, where appraisal defects were not alleged and substantial investment and third-party interests had arisen. Legitimate expectation supported stability and fairness in applying the changed regime. Construction of the remaining buildings, however, required fresh clearance under the applicable framework.

Issues

  1. Whether the four constructed buildings could retain the benefit of clearance granted by the then-competent municipal authority.
  2. Whether that clearance also authorised future construction after the regulatory change.

Held

Result

Appeals disposed of without costs. The four constructed buildings were protected under valid environmental clearance; the remaining construction required fresh clearance under the applicable framework.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 284.