A. J. DESAI, V. G. ARUN
One Earth One Life, Represented by its Legal Cell Director, Sri. Tony Thomas K. – Appellant
Versus
Ministry of Environment, Forests and Climate Change, Represented by its Secretary – Respondent
JUDGMENT :
A.J. Desai, J.
The question involved in this public interest litigation is ‘whether a notification can be issued by the Government different than the draft notification issued for the purpose involved therein?’.
2. The petitioner, an organization registered under the Travancore-Cochin Scientific, Literary and Charitable Societies Registration Act, 1955, working with the sole intention to protect and improve the forests and safeguard the environment, challenged Ext. P1 notification dated 22.12.2014 issued by the Ministry of Environment, Forests and Climate Change on various grounds, but mainly on the ground that the notification is contrary to the draft notification issued on 11.09.2014 and the observation in the notification that no objections or suggestions were received by the Department in response to the draft notification is factually incorrect.
3. Though notice was issued by this Court, no counter affidavit came to be filed on behalf of the respondents for a considerably long time. Thereafter, a Division Bench of this Court passed the following order on 08.09.2020:-
Kerala State Road Transport Corporation v. Saju Varkey and Others
Municipal Corporation Bhopal, M.P. v. Misbahul Hasan and Others
Court held that amendments to the Environmental Impact Assessment Notification, which shifted authority and reduced public consultation, were unconstitutional and violated environmental protections u....
The notification extending environmental clearance validity without proper consultation is unconstitutional, undermining environmental protection statutes.
The court ruled that amendments extending environmental clearance validity violate statutory and constitutional mandates, undermining effective environmental governance and public interest.
The court ruled that amendments to environmental clearance regulations violated statutory requirements, emphasizing the importance of expert appraisal in environmental protection, thus declaring the ....
The extension of environmental clearances without proper public consultation is unconstitutional, undermining goals of environmental protection as mandated by law.
The amendments to environmental clearance validity under EIA Notification are unconstitutional as they violate statutory provisions and undermine environmental protections.
Environmental clearances must adhere to statutory requirements; retrospective extensions without public consultation violate legal and constitutional mandates.
The court held that amendments undermining expert assessment in environmental clearances violate statutory procedures and are unconstitutional, reaffirming the primacy of environmental protection law....
The court ruled that amendments extending validity of environmental clearances violated the environment protection principles and were ultra vires the Environmental Protection Act, necessitating judi....
The court ruled that amendments to the EIA notification were ultra vires the Environment (Protection) Act and failed to ensure necessary public consultation, violating constitutional guarantees.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.