A.M. SHAFFIQUE, J.

1. This writ petition filed as public interest litigation prays for issue of writ of certiorari quashing Ext.P1 order, by which, the Central Government has constituted State Level Environment Impact Assessment Authority (SEIAA), Kerala and State level Expert Appraisal Committee (SEAC), Kerala. A writ of quo warranto has also been prayed for against respondents 5 to 8. Counter affidavits have been filed by respondent Nos. 2, 5 to 8. Statement has also been filed by the counsel appearing for the first respondent.

2. Brief facts necessary to be noticed for deciding the writ petition are:-

In exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986, a notification has been issued by the Ministry of Environment and Forests dated 14.9.2006 providing for obtaining environmental clearance for construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the notification from the Central Government or as the case may be by the State Level Environment Impact Assessment Authority. As per clause (3) of the notification, the Central Government was required to constitute a State Level Environment Impact Assessment Authority (hereinafter referred to as 'SEIAA') comprising of three members, including a Chairman and a Member Secretary. Clause (4) refers to constitution of State Level Expert Appraisal Committee (hereinafter referred to as 'SEAC') by the Central Government. Clause (3) of the notification (hereinafter called as 'EIA notification') provides for manner and procedure of constitution of SEIAA, which are quoted as below:-

“3. State Level Environment Impact Assessment Authority:-

(1) A State Level Environment Impact Assessment Authority hereinafter referred to as the SEIAA shall be constituted by the Central Government under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 comprising of three Members including a Chairman and a Member - Secretary to be nominated by the State Government or the Union territory Administration concerned.

(2) The Member-Secretary shall be a serving officer of the concerned State Government or Union territory administration familiar with environmental laws.

(3) The other two Members shall be either a professional or expert fulfilling the eligibility criteria given in Appendix VI to this notification.

(4) One of the specified Members in sub-paragraph (3) above who is an expert in the Environmental Impact Assessment process shall be the Chairman of the SEIAA.

(5) The State Government or Union territory Administration shall forward the names of the Members and the Chairman referred in subparagraph 3 to 4 above to the Central Government and the Central Government shall constitute the SEIAA as an authority for the purposes of this notification within thirty days of the date of receipt of the names.

(6) The non-official Member and the Chairman shall have a fixed term of three years (from the date of the publication of the notification by the Central Government constituting the authority).

(7) All decisions of the SEIAA shall be unanimous and taken in a meeting.”

As per Clause (5) sub-clause (a) SEAC at the State Level has to be constituted by the Central Government in consultation with the concerned State Government. Clause (5)(a) is quoted as below:-

“The composition of the EAC shall be as given in Appendix VI. The SEAC at the State or the Union territory level shall be constituted by the Central Government in consultation with the concerned State Government or the Union territory Administration with identical composition.”

Appendix VI to the notification provides for composition of the Sector/Project Specific Expert Appraisal Committee (EAC) for category A projects and the State level Expert Appraisal Committee (SEAC)