RAMESH AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter has been filed by the Petitioner as a Public Interest Litigation, particularly, with regard to the objection that has been raised in connection with the setting up of a project by the 8 th Respondent herein in the State of Chhattisgarh.

(2.) We have heard the learned counsel appearing for the Petitioner, the learned Standing Counsel for Union of India, the learned Advocate General for the State, learned Counsel for the 4 th Respondent and the learned Senior Counsel for the 8th Respondent as well.

(3.) The sum and substance of the case projected by the Petitioner is that as per the relevant provisions of the statute, the public hearing in relation to the objection of setting up the Unit has to be held and heard by the Member Secretary of the Environment Conservation Board concerned, in the instant case, the 5th Respondent. Instead of this, it is stated that the power has been delegated to the 6th Respondent, who in turn has issued a notice produced as Annexure-P/1, scheduling the date of hearing as 27.06.2019. This according to the Petitioner is contrary to the mandate of Annexure-P/5, the Environment Impact Assessment Notification, 2006 dated 14.09.2006. Annexure-P/2, the Notification issued by the State Government on 21.12.2006 conferring power upon the Regional Officer i.e. the 6th Respondent to proceed with the issue is stated as wrong and liable to be interdicted. It is for the said reason that Annexure P/1 notification has been subjected to challenge in this writ petition by raising the prayers as in the following terms :