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2024 Supreme(Ker) 412

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


Advocates Appeared:
For the Petitioner: Sri. Rajan Vishnuraj, Sri. P. Chandrasekhar, Sri. V. Harish, Renjith Thampan (SR.).
For the Respondent: Shri. Babu P.L., CGC, Manu S., DSG of India, S. Biju, V. Tekchand, SR. GP.

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:-

    “Though orders were passed in the year 2018 directing the respondents to respond to the prayers sought fo

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