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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN
C.P Muhammed – Appellant
Versus
Geologist – Respondent
| Table of Content |
|---|
| 1. the genesis and context of environmental clearance notifications. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments presented by the affected petitioner and counsels. (Para 15 , 18 , 19 , 20 , 25 , 30 , 31 , 32 , 34 , 35) |
| 3. judicial analysis and interpretation of public interest and environmental protection. (Para 38 , 39 , 49 , 50 , 54 , 56 , 69 , 70 , 83) |
| 4. the ruling on the legality of the ext.p8 notification. (Para 85) |
| 5. final orders and conclusions of the judgment. (Para 86) |
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JUDGMENT :
C. JAYACHANDRAN, J.
The Ministry of Environment, Forest and Climate Change (MoEF & CC) in the Central Government issued a notification, S.O. 1807(E) dated 12.04.2022 extending the validity period of the Environmental Clearance ('E.C.', for short) for certain projects and activities. A clarification, in the nature of an Official Memorandum ('O.M.', for short) dated 13.12.2022 followed. As many as 66 Writ Petitions have been filed seeking the benefit of that notification, read with the above O.M. However, one Writ Petition, W.P.(C) No.44547/2024, is filed challenging its constitutional vires. The learned Amicus appointed leans in favour of that numero uno. It appears that
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