ORDER :

Y.K. Sabharwal, J.

We have perused the affidavit filed by Mr G.V. Subrahmanyam, Director, Ministry of Environment and Forests, dated 7-12-2004, along with which list of projects in the industry sector which have been accorded ex post facto environmental clearance up to 14-5-2004 has been annexed. As per the said list, 95 projects in the industry sector have been accorded ex post facto environmental clearance. The notification dated 27-1-1994, inter alia, prohibits construction work, preliminary or otherwise, relating to setting up of the project till environmental clearance is obtained. The nature of the projects to which the said notification applies has been indicated in the notification itself. The last extension granted by the Ministry of Environment and Forests to seek environment impact clearance was in terms of the circular dated 14-5-2002 whereunder the application had to be filed by 31-3-2003. The said circular has been commented upon by this Court in M.C. Mehta v. Union of India, (2004) 12 SCC 118 : JT (2004) 4 SC 181.

2. Our attention has been drawn by Mr Panjwani, learned counsel, to the answer given in Parliament by the Minister of State in the Ministry of Environ