INDIRA BANERJEE, M.SUNDAR
Puducherry Environment Protection Association – Appellant
Versus
Union of India, rep by its Secretary to the Government, Ministry of Environment, Forest & Climate Change, New Delhi – Respondent
M. Sundar, J.
1. This writ petition has been filed as a Public Interest Litigation. In the instant writ petition, a notification dated 14.03.2017 bearing reference S.O.804(E) made by the Union of India (hereinafter referred to as 'UOI' for brevity) has been assailed.
2. Bare minimum facts essential for understanding and appreciating this order are set out infra under the caption 'Facts in a nutshell'.
Facts in a nutshell :
3(a) Notification dated 14.03.2017 bearing reference S.O.804(E) made by the UOI which has been assailed in the instant writ petition, is hereinafter referred to as the 'impugned notification'.
3(b) The impugned notification has been made by the UOI under Section 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as 'E.P. Act' for brevity) read with Rule 5(3) of the Environment (Protection) Rules, 1986 (hereinafter referred to as 'E.P. Rules' for the sake of brevity). To simplify and encapsulate the core issue, it can be stated that vide the impugned notification, UOI has made a provision for grant of ex post facto environmental clearance for project proponents, who have commenced, continued or completed a project
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