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2022 Supreme(Mad) 3800

T. RAJA, D. KRISHNAKUMAR
Isha Foundation, rep. by its Authorised Signatory C. R. Dinesh Raja – Appellant
Versus
Union of India, represented by Secretary to Government, Ministry of Environment, Forest and Climate Change – Respondent


Advocates Appeared:
For the Petitioner: Mr.Sathish Parasaran for Mr. K. Gowtham Kumar.
For the Respondents: Mr. R. Sankaranarayanan, assisted by Mr. K. Srinivasamurthy, Mr. R. Shunmugasundaram, assisted by Ms. Shanmugavalli Sekar and Ms. A.G. Shakeenaa, Mr. J. Ravindran, assisted by Dr. T. Seenivasan, Mr. A. Yogeshwaran, Mr. S. Muralidharan Party-in-Person.

ORDER :

1. The Hon'ble Acting Chief Justice Isha Foundation, Coimbatore has filed this writ petition seeking the following prayer, as amended by the order of Court dated 09.11.2022:-

    (a) Writ of Declaration that the EIA Notification dated 22.12.2014 bearing S.O.3252(E) issued by the 1st Respondent (Impugned Notification) under Section 6 of the Environment Protection Act, 1986 read with Rule 5(3) of the Environment Protection Rules, 1986 in so far as it creates an unreasonable classification between persons who constructed buildings prior to 22.12.2014 and after 22.12.2014 as arbitrary and ultra vires the Constitution and strike down the same as illegal, unconstitutional and consequently declare that the petitioner is entitled to the exemption granted under the EIA Notification 2014 is applicable with effect from the commencement of the EIA Notification dated 14.09.2006 bearing S.O.1533(E) issued by the first 1st Respondent.

(b) a Writ of Certiorari calling for all the records pertaining to the proceedings of the 4th Respondent in Proc.No.DEE/TNPCS/CBS/F.CBS-NA/R/L/EC/2021 Dated 19.11.2021 and quash the same as illegal.

2. Mr.Sathish Parasaran, learned Senior Counsel appearing for t

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