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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE – Appellant
Versus
JIJO JOY, AGED 48 YEARS S/O. JOY P.J., PUTHENPURAYIL HOUSE – Respondent
| Table of Content |
|---|
| 1. judgment appellate framework and proceedings. (Para 1 , 2 , 3) |
| 2. challenging the validity of eia notification. (Para 4 , 5 , 12 , 18 , 30) |
| 3. court's viewpoint on jurisdiction and authority. (Para 6 , 8 , 11) |
| 4. implications of ext.p8 and ext.p9 resolutions. (Para 9 , 10 , 20 , 22) |
| 5. remand for reconsideration of prior judgments. (Para 35 , 36) |
“C.R”
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], clarifying that the validity of environmental clearance
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