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2025 Supreme(Online)(Ker) 55646

KERALA HIGH COURT
C. Jayachandran, J.
Not Specified – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Ramola Nayanpally, Sri. V. Harish, Sri. K. S. Bharathan, Sri. M. P. Sreekrishnan, Sri. S. Kannan, Sri. T. Naveen, Sri. Ranjith Thamban
For the Respondents: Not Specified

1. 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 the petitioners in the genus are in trouble. The notification S.O.1807(E) and the clarificatory O.M, produced at Exts.P8 and P9 respectively in W.P(C) No.44547/2024, are under challenge. Treating the said Writ Petition as the leading case, the impugned documents under challenge are hereinafter referred to as Ext.P8 notification and Ext.P9 O.M, respectively.

2. Background Facts:

It is necessary to record the genesis of introducing an additional requirement of Environmental Clearance for certain projects and activities, for which solita



































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