D. H. WAGHELA, J.

The petition is filed under Articles 226 and 227 of the Constitution in the nature of Public Interest Litigation by a Trust in the name of Environment Support Group and one Mr. Leo F. Saldanha, has appeared as party-in-person. The petitioners have, subsequent to filing of the petition, added Respondent Nos. 6, 7 and 8, with the main prayers inter alia to declare Section 40 of the Biological Diversity Act, 2002 (for short the Act) to be illegal and unconstitutional and to issue a writ in the nature of certiorari to quash the notification dated 26-10-2009 issued by Respondent No. 2 under the provisions of Section 40 of the Act. The petitioners as well as the applicant in I. A. No. II/2013 viz., learned advocate Sri Yeshwant Shenoy, have sought to argue in detail, about serious prejudice likely to be caused to the national interest and biodiversity of certain species of plants and herbs, if the notification in question is not quashed and proper guidelines were not to be issued under the Act by the National Biodiversity Authority.

2. Learned counsel Sri Aditya Sondhi, appearing for respondent Nos. 1 to 3 and 5, however, pointed out from the recent decision of t