Legal Impact
The distinction matters because the Court treats an administrative office memorandum as too weak to override the law, while saying a statutory notification under the Environment (Protection) Act could still be valid if it is tightly designed. For developers, that means no fresh applications under the earlier violation mechanisms, but a future lawful pathway is still possible in principle.
Counterpoints
The author warns that any new scheme must not become a standing ‘violate first, regularise later’ process, or it would weaken compliance incentives.
The government is under no obligation to act, so pending projects remain in limbo unless it chooses to frame a new notification.