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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
UNION OF INDIA – Appellant
Versus
JIJO JOY – Respondent
| Table of Content |
|---|
| 1. jurisdiction of high court concerning eia notifications. (Para 1 , 2 , 3) |
| 2. legal arguments challenging the validity of eia notifications. (Para 4 , 5 , 6) |
| 3. court's observations on jurisdiction and maintainability. (Para 8 , 12 , 30) |
| 4. legal foundations and key findings regarding eia notification. (Para 9 , 10 , 11) |
| 5. conclusion on the unconstitutionality of the impugned notifications. (Para 35 , 36) |
JUDGMENT
Anil K. Narendran, J
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 Official Memorandum F.NO.1A3-22/28/2022-1A.111 [E 181584] dated 13.12.2022 [Ext.P9 in W.P.(C)No.44547 of 2024], cla
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