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SUNITA AGARWAL, PRANAV TRIVEDI
Jakhariya Saleman Manek – Appellant
Versus
Ministry Of Environment Forest And Climate Change – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present petition in the nature of public interest litigation has been filed with the prayers as follows :-
B. Issue a writ, directing Respondent No.1 and 2 to consider the application of Respondent No.3 afresh, in light of the CRZ Notification, 2011 and other applicable laws and norms;
C. Pending the admission, hearing and final disposal of this Petition, this Honourable Court may be pleased to :
a. Direct the Respondents to maintain status quo with regard to the projects for whom the Environmental and CRZ Clearances have been granted on 19.12.2016 and 18.2.2020 till such time as the disposal of the Petition;
b. Direct the Respondent No.3 and/or its officers servants, agents, etc., to not cut any mangrove tree without specific leave of this Honourable Court.
D. Pass such other and further Order/s as may be deemed just and proper;"
2. The main challenge in the Writ petition is to the Environmental and CRZ clearances granted to two projects of respondent no
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
The construction of public utility jetties in CRZ-I areas is permissible without mangrove destruction, aligning with sustainable development principles.
Construction in ecologically sensitive CRZ I areas is prohibited, reaffirming the precedence of environmental protection laws over local development interests.
Point of Law; General rule, the Courts consider it expedient in the interest of justice to start prosecution as contemplated by Section-476 of the old Code i.e., Code of Criminal Procedure, 1898, whi....
Point of law: Basis of categorisation of projects and activities under the EIA notification lies in the expanse of the built-up area of the proposed project.
Legislature intended to create a specialist body in the form of National Green Tribunal to consider the validity of orders granting or rejecting applications for EC. The remedy of an appeal with the ....
The court emphasized the necessity of balancing economic development with environmental protection, approving a project for cement transportation via waterways while ensuring compliance with statutor....
The principle of res judicata and constructive res judicata barred the petitioner from raising the same challenge in a new PIL petition after a previous adjudication on similar grounds. The decision ....
Environmental authorities must ensure compliance with rigorous procedural requirements when granting clearances for projects in ecologically sensitive areas, balancing development needs with environm....
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