The court clarified that the objection period for the draft EIA notification extends to 11 August 2020 and mandated translation into local languages for effective public consultation.

JUDGMENT

D.N. Patel, Chief Justice (Oral)

Proceedings of the matter have been conducted through video conferencing.

1. This petition has been preferred with the following prayers:

"a. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction to the Respondent to extend the notice period to the public, in the draft EIA notification 2020 until 30 September, 2020 or till such further period till the Covid-19 lockdown/restrictions subsist;

b. Issue a Writ in the nature of Mandamus or any other appropriate writ, order, or direction to the Respondent to make translated copies of the draft notification available across the country in the official vernacular languages mentioned in the Eighth Schedule to the Constitution and upload the same on all its websites including those of the Environment Ministries of all the States as well as those of the State Pollution Control Boards;

c. Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction to the Respondent to conduct consultations with various stakeholders and concerned persons across the country through its State Pollution Control Boards, as a precondition to considering the draft notification;

d. Pass any other directions or orders as deemed fit by this Hon'ble Court."

2. The Central Government, in exercise of the power conferred by Section 3 (1) and Section 3 (2)(v) of the Environment (Protection) Act, 1986, issued a draft notification dated 23rd March, 2020 for imposing certain restrictions and prohibition on the undertaking some projects or expansion or modernisation of such existing projects entailing capacity addition, in any part of India. This draft notification was issued for the information of the public likely to be affected thereby and inviting any objections or suggestions on the proposal contained in the draft notification in writing for consideration of the Central Government and notice was given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which the copies of the gazette containing notification are made available to the public. This draft notification was published on 11th April, 2020 in the Gazette of India.

3. For ready reference Section 3 (1) and Section 3 (2)(v) of the Environment (Protection) Act, 1986 read as under:

"3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT.--(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

xx xx xx

(2)(v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;"

4. The original notification was published on 11th April, 2020 under Rule 5(3)(c) of Environment (Protection) Rules, 1986 to be read with Section 3 of Environment Protection Act, 1986. For ready reference Rule 5(3)(a) and Rule 5(3)(c) of the of Environment (Protection) Rules, 1986 read as under:

"5. Prohibitions and restrictions on the location of industries and the carrying on processes and operations in different areas