JUDGMENT :

1. This judgment is in the context of institutionalisation and reconstitution of the Central Empowered Committee.¹ [hereinafter ‘CEC’] The CEC was originally directed to be constituted by an order of this Court dated 09.05.2002.² [In I.A. No. 295 in W.P. (C) No. 202/1995 reported as T.N. Godavarman Thirumulpad vs. Union of India, (2013) 8 SCC 198. Pursuant to the said direction, a notification dated 17.09.2002 was issued by the Central Government constituting the CEC as a statutory authority under Section 3(3) of the Environment (Protection) Act, 1986] Almost for a period of two decades, the CEC was functioning as an ad hoc body. We noticed that the present composition of the CEC also consisted of persons who are more than 75 years of age and some of whom are also residing outside India. We also noticed that much water had flown when the CEC was initially constituted, inasmuch as, various enactments concerning environmental issues were enacted, so also various regulatory bodies were constituted under the said enactments. We further found it necessary to have a re-look at the CEC’s functioning. We, therefore, passed orders dated 24.03.2023 and 18.05.2023 in this regard.

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