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2025 Supreme(Ker) 522

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Ahalia International Foundation, Ahalia Campus – Appellant
Versus
The State Environment Impact Assessment Authority, (Seiaa Kerala) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) SIDHARTH.R.WARIYAR
For the Respondent: BY ADVS. FOR R1 BY ADV.M.P.SREEKRISHNAN, SC FOR R2 BY SHRI.T.NAVEEN, SC R3 BY SRI. K.MOHANAKANNAN

JUDGMENT :

(ZIYAD RAHMAN A.A., J.) 

The petitioner, a non-profit organization primarily focussed on healthcare, has approached this Court being aggrieved by the stand taken by the 2nd respondent- The Kerala Pollution Control Board, insisting on environmental clearance for the constructions made by the petitioner for granting Consent to Operate. The reliefs sought by the petitioner are as follows:

“i. Issue a writ declaring that the petitioner is exempted from procuring prior Environmental Clearance as per the amended provisions of the Environmental Impact Assessment Notification , 2006 and the insistence of the Pollution Control Board to obtain E.C is not a legal requirement;

ii. Issue a writ declaring that the 2nd respondent is bound to grant consent to operate to the petitioner without insisting for Environmental Clearance;

iii. Issue a writ of mandamus directing the 2nd respondent to issue consent to operate to the petitioner;

iv. Issue a writ of mandamus directing the 1st respondent to issue Environmental Clearance to the petitioner v. Issue a writ of mandamus directing the 3rd respondent to issue renewed Certificate of Registration for the Hospital of the petitioner Trust;

vi. Dispen

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