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2016 Supreme(Ker) 123

ASHOK BHUSHAN, A.M.SHAFFIQUE
C. R. NEELAKANDAN – Appellant
Versus
UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI – Respondent


Advocates Appeared:
For the Petitioner: SRI. DEVAN RAMACHANDRAN, SR. ADV. & SRI. ADARSH KUMAR, SRI. P.G. SURESH, SRI. G. SUDHEER (THURAVOOR), SRI. RAJAN VISHNURAJ, SRI. V. HARISH, ADVS.
For the Respondent: SMT. GIRIJA GOPAL, SPL. GOVERNMENT PLEADER & SRI. K. JAJU BABU, SMT. M.U. VIJAYALAKSHMI, ADVS.

JUDGMENT :

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 t








































































































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