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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Wayanad Prakrithi Samrakshana Samithi – Appellant
Versus
Union of India, Represented by its Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to environmental clearance (Para 1 , 2) |
| 2. contentions about procedural flaws (Para 3) |
| 3. counter affidavit from respondents (Para 4 , 5) |
| 4. importance of environmental impact assessments (Para 6 , 7) |
| 5. judicial review principles (Para 8 , 9 , 10) |
| 6. responsibilities of regulatory authorities (Para 11 , 12) |
| 7. evaluation of scientific evidence (Para 13 , 14 , 15) |
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
1. This writ petition that is styled as a Public Interest Litigation, challenges Exhibit P21 Environmental clearance granted by the Union of India in the Ministry of Environment, Forest and Climate Change to the Public Works Department of the Government of Kerala for construction of Twin Tube Unidirectional Tunnel Road (2+2 Lane) with Four Lane Approach (from existing roads) for providing direct connectivity between Anakkampoyil – Kalladi - Meppadi in Kozhikode and Wayanad Districts of Kerala State. The proposed length of the road is 8.735 kilometres and it is to be situated at an average altitude ranging from 700 to 2061 metres above sea level, passing through the Bio-diverse Western Ghats.
2. The case of the petitioners is that the Environmental clearance was g
Environmental authorities must ensure compliance with rigorous procedural requirements when granting clearances for projects in ecologically sensitive areas, balancing development needs with environm....
Point of law: Basis of categorisation of projects and activities under the EIA notification lies in the expanse of the built-up area of the proposed project.
Legislature intended to create a specialist body in the form of National Green Tribunal to consider the validity of orders granting or rejecting applications for EC. The remedy of an appeal with the ....
Environmental Clearance for blasting quarry kept in abeyance for non-compliance with CPCB's 200m minimum distance from habitations; mandates re-evaluation of distance criteria, hydrology, biodiversit....
Suppression of material facts like nearby water bodies and hazards in Form-1 vitiates Environmental Clearance; outdated DSR and procedural lapses require SEIAA re-examination, keeping EC in abeyance ....
EC for blasting quarries quashed in abeyance for non-adherence to CPCB's 200m distance criterion from dwellings, mandating re-appraisal of hydrogeological, biodiversity risks despite fresh applicatio....
The court ruled that challenges to environmental clearances necessitate factual inquiry beyond Article 226, allowing petitioners to seek remedies under the National Green Tribunal Act.
The court established that a project classified as a link road connecting existing highways does not constitute a new State Highway under the Tamil Nadu Highways Act, 2001, and therefore does not req....
Temporary EC amendments for increased road ore transport upheld pending rail completion, balancing national development needs against environmental concerns via strict phased safeguards, real-time mo....
Point of Law; General rule, the Courts consider it expedient in the interest of justice to start prosecution as contemplated by Section-476 of the old Code i.e., Code of Criminal Procedure, 1898, whi....
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