IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Union of India, Rep. by the Secretary, New Delhi – Appellant
Versus
Jijo Joy S/o Joy P.J. – Respondent
Key Points: - The judgment of the learned Single Judge was set aside because the Single Judge failed to decide the question of whether the case was outside the roster and without a specific order or allocation before proceeding on the merits. (!) - An order passed in a matter outside the roster or not specifically assigned is without jurisdiction and a nullity. (!) (!) - A person generally has no locus standi to file a writ petition if they are not personally affected, unless it is a public interest litigation. (!) - The relief under Article 226 of the Constitution is based on the existence of a right in favor of the person invoking the jurisdiction. (!) - A bench must decide the issue of whether a case is outside the roster before considering the case on its merits. (!) - The Chief Justice of the High Court has the power to set the roster, which is final and binding on all judges. (!)
| Table of Content |
|---|
| 1. notification ext.p8 and its clarification ext.p9 regarding environmental clearances. (Para 2 , 3) |
| 2. arguments regarding the validity and implications of ext.p8 and ext.p9 notifications. (Para 4 , 5 , 6) |
| 3. court's analysis on public interest and procedural compliance in the environmental clearances. (Para 8 , 9 , 10) |
| 4. findings on jurisdictional issues and maintainability of the petitions. (Para 12 , 14 , 15) |
| 5. conclusion that ext.p8 and ext.p9 are unconstitutional and must be struck down. (Para 13 , 35) |
JUDGMENT :
ANIL K. NARENDRAN, J.
1. The above writ appeals filed under Section 5(i) of the KERALA HIGH COURT ACT , 1958, arises out of the judgment dated 26.08.2025 of the learned Single Judge in W.P.(C)No.23150 of 2023 and connected matters, treating W.P.(C)No.44547 of 2024 as the leading case.
2. The Ministry of Environment, Forest and Climate Change, Government of India, issued notification, S.O.1807(E) dated 12.04.2022 [Ext.P8 in W.P.(C)No.44547 of 2024] amending the Environmental Impact Assessment (EIA) Notification, 2006, extending the validity period of the Environmental Clearance for certain projects and activities. It was followed by a clarification vide Offi
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Environmental clearances must adhere to statutory requirements; retrospective extensions without public consultation violate legal and constitutional mandates.
The court ruled the retrospective effect of the environmental clearance extension under the EIA Notification violates legal provisions, rendering it unconstitutional.
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 court ruled that amendments extending environmental clearance validity violate statutory and constitutional mandates, undermining effective environmental governance and public interest.
The Court ruled that notifications extending the validity of environmental clearances without adequate assessment were unconstitutional, violating the Environment (Protection) Act and the EIA Notific....
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