A. J. DESAI, V. G. ARUN
Bijo Jose, S/o. Jose Thomas – Appellant
Versus
State Environment Impact Assessment Authority(SEIAA) – Respondent
JUDGMENT :
A.J. Desai, J.
By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the appellant/original petitioner has challenged the judgment dated 03.02.2020 in W.P.(C) No.2650 of 2018 by which the learned single Judge has refused to entertain the petition seeking a writ of mandamus, declaring that the 5th respondent is not entitled to conduct quarrying operation on the basis of the Environmental Clearance Certificate issued on 29.11.2017 by the State Environmental Impact Assessment Authority, Kerala (SEIAA), since the certificate ought to have been issued by the Central Government in terms of the notification dated 14.03.2017 issued by the Ministry of Environment, Forest and Climate Change, Union of India. The other prayer is for a writ of mandamus commanding the concerned District Collector as well as the Geologist to see that the quarrying operations are not continued unless and until the appraisal is done and permission granted by the Expert Appraisal Committee and Regulatory Authority at the Central level.
2. In response to the notice issued by the learned single Judge, all the respondents filed their counter affidavits and opposed the grant of r
Common Cause v. Union of India reported in 2017(3) KLT 927 (SC)
Deepak Kumar and Others v. State of Haryana and Others reported in (2012) 4 SCC 629
Federation of Rainbow Warriors v. Union of India reported in 2019 (2) KLT 143 (SC)
Nature Lovers’ Forum v. State of Kerala reported in 2016 (1) KLT 75
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The court ruled that amendments to environmental regulations undermining expert authority and bypassing public consultation are unconstitutional, violating the Environment (Protection) Act and public....
The Environmental Clearance notifications and office memorandum extending their validity were ruled unconstitutional for undermining environmental protections mandated by the Environment (Protection)....
Amendments to environmental regulations impacting mining projects were deemed unconstitutional for violating the Environment Protection Act, as they bypassed expert review, shifting decision-making a....
The court ruled that amendments to environmental regulations must safeguard environmental integrity and compliance, declaring the pertinent notification unconstitutional for undermining expert author....
The amendment extending the validity of environmental clearances for mining projects is unconstitutional as it undermines statutory protections and the expert appraisal process mandated by environmen....
The High Court ruled that the amendments to the Environmental Impact Assessment Notification undermining expert assessments are unconstitutional, mandating that environmental clearances must be valid....
The environmental clearance notifications were declared unconstitutional as they undermined established environmental laws and processes mandated by the Environment (Protection) Act.
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