JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. These appeals take exception to the judgment and order dated 28th October 2020 (for short, ‘the impugned judgment’) passed by the National Green Tribunal, Principal Bench, New Delhi (for short, ‘the NGT’). There is also a challenge to the order dated 24th December 2020, by which, the NGT rejected the review petition filed by the appellant for seeking review of the impugned judgment.

2. A notification was issued on 14th September 2006 (for short, ‘the first EC notification’) by the Ministry of Environment and Forests (for short, ‘MoEF’) in exercise of powers under subsection (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (for short, ‘the EP Act’) read with clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 (for short, ‘the EP Rules’). Clause 2 of the first EC notification is material, which reads thus:

“2. Requirements of prior Environmental Clearance (EC):- The following projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Enviro