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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE – Appellant
Versus
JIJO JOY – Respondent
| Table of Content |
|---|
| 1. overview of the case and context of environmental law. (Para 1 , 2 , 3) |
| 2. arguments against the legal amendments in environmental clearances. (Para 4 , 5 , 6) |
| 3. court's analysis on the implications of the ext.p8 notification. (Para 7 , 8 , 9 , 14 , 15) |
| 4. counsel's arguments regarding public interest litigation and jurisdiction. (Para 10 , 11 , 12 , 30) |
| 5. final verdict and remand for reconsideration. (Para 34 , 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.4
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