( 1 ) SINCE common issues are involved in all these three Special Civil Applications and since the prayers made therein are almost same and similar, all the three Special Civil Applications are being disposed of by this common judgment and order.

( 2 ) AT the joint request of the parties, all the three matters are finally heard at length at the admission stage and they are being finally disposed of.

( 3 ) ALL the three petitions are filed by way of Public Interest Litigations under Article 226 of the Constitution of India. The first petition, being Special Civil Application No. 14460 of 2004, is argued at length by all the learned counsels appearing for the respective parties. The learned counsel appearing for the petitioners in Special Civil Applications No. 14813 and 14819 of 2004 are also permitted to make their submissions as interveners. The facts and submissions are mainly taken from that first petition.

( 4 ) THE petitioner no. 2 is claiming to be a NGO involved, inter alia, in the protection of environmental laws and other public related activities. Before filing the present petition, the petitioners had filed Special Civil Application No. 8937 of 2004 before this court seeking direction against the authorities to take appropriate preventive steps and measures against the respondent no. 5 i. e. M/s. Saw Pipes Limited for proceeding further with the construction activities of the respondent no. 5s project comprising Blast Furnace and Ductile Iron/cast Iron Pipe, Fitting, Casting Manufacturing plant and foundry near Mundra, Kutch without prior environmental clearance under the Environment (Protection) Act and Rules, 1986, and the Environment Impact Notification dated 27th January, 1994. Even the petitioners in Special Civil Application No. 14813 of 2004 and 14819 of 2004 have also filed petitions being Special Civil Application No. 10015 of 2004 and Special Civil Application No. 8118 of 2004. All the three petitions were disposed of by this court on 9th September, 2004 permitting the petitioners to withdraw the same so as to make representation to the Central Government. Subsequent to the withdrawal of the said petitions, representations were made by the present petitioners of all the three petitions on or about 16th September, 2004 and the said representations were decided by the respondent no. 1 on 21st October, 2004 stating that the objections raised by the present petitioners to the grant of environmental clearance to the respondent no. 5 i. e. M/s. Saw Pipes Ltd. for establishment of mini Blast Furnace at village Samagogha in District Kutch of Gujarat have not been found justified, in the light of the provisions of Environment Impact Assessment Notification, 1994 and its subsequent amendments, and further stating that those environmental concerns which, after due consideration, have been found valid have been accounted for by stipulating specific conditions/safeguards in the environmental clearance letter. The environmental clearance letter was also dated 21st October, 2004 wherein it was observed that the proposal of the respondent no. 5 was for environmental clearance for Mini Blast Furnace of capacity 2,50,000 TPA for the manufacture of Ductile Iron Spun Pipes/cast Iron Spun Pipes, LASW steel pipes, Spiral steel pipes, ERW steel pipes and Hot frame steel pipes including Ductile Iron Pipe Fittings and Ductile Iron Casting and further observing that the Ministry of Environment and Forests accorded environmental clearance to the said project under the provisions of EIA Notification dated 27th January, 1994 as amended subsequently, subject to strict compliance of specific and general conditions laid down therein.

( 5 ) IT is this action of the respondent no. 1 which is challenged in the present petitions.

( 6 ) THE petitioners have, inter alia, prayed, in these petitions, for a declaration to the effect that the ex post facto approval dated 21st October, 2004 is null and void and that the respondent no.