The Supreme Court of India recalled its earlier Vanashakti judgment that had barred the grant of ex-post facto environmental clearances, in a split 2:1 decision in Confederation of Real Estate Developers of India vs. Vanashakti. The case arose from challenges to a regulatory framework that permitted projects which commenced operations without prior environmental clearance to subsequently seek approval. A previous judgment had invalidated this framework, holding that post-facto clearance was alien to environmental jurisprudence. Developers and the Union of India sought review, citing serious legal and practical consequences. The majority, led by B. R. Gavai, held that the earlier decision suffered from an error apparent on the face of the record. It observed that binding precedents had been selectively read and that co-ordinate bench decisions upholding the regulatory framework were ignored, violating judicial discipline and stare decisis. The Court emphasized that demolition of large public projects such as hospitals and airports would be economically wasteful and environmentally counter-productive. Accordingly, the earlier judgment was recalled and the writ petitions were restored for fresh consideration, without finally ruling on the legality of the framework. In dissent, Ujjal Bhuyan rejected the review, reiterating that ex-post facto environmental clearance undermines the precautionary principle and sustainable development. He held that permitting such clearances amounts to regression in environmental law and that the review petition impermissibly sought a re-hearing on merits. The final outcome restores the dispute for adjudication while reopening the debate on post-facto environmental clearances in India.