The Ministry of Environment, Forest and Climate Change (MoEFCC), on October 30, 2025, issued an Office Memorandum clarifying the manner of calculating the validity period of Environmental Clearances (ECs) granted under the EIA Notification, 2006, where project implementation is stalled due to proceedings before the National Company Law Tribunal (NCLT) or Courts.
The Ministry clarified that the time lost due to (i) court stay orders, (ii) pendency before NCLT until approval of a Resolution Plan and transfer of the project to a successful resolution applicant, or (iii) pendency during liquidation proceedings until approval of sale or scheme by NCLT, shall be treated as a “zero period” while computing the validity of the EC, subject to submission of documentary evidence by the Project Proponent.
However, where such litigation or NCLT-related delays exceed three years, the concerned State Pollution Control Board / Pollution Control Committee may impose appropriate additional environmental safeguards in the Consent to Operate (CTO), considering changes in site conditions and pollution control requirements. The clarification is also applicable, mutatis mutandis, to Coastal Regulation Zone (CRZ) Clearances.
[Notification No.A3-22/22/2025-IA.III]
