VIKRANT TONGAD Vs. UNION OF INDIA (MOEFCC)

JUDGEMENT

(1.) Proceedings of the matter have been conducted through video conferencing.

(2.) The Central Government, in exercise of the power conferred by Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act, 1986, issued a draft notification dated 23rd March, 2020 for imposing certain restrictions and prohibition on the undertaking some projects or expansion or modernisation of such existing projects entailing capacity addition, in any part of India. This draft notification was issued for the information of the public likely to be affected thereby, and inviting any objections or suggestions on the proposal contained in the draft notification in writing for consideration of the Central Government, and notice was given that the said draft notification shall be taken into consideration on or after the expiry of a period of sixty days from the date on which the copies of the gazette containing notification are made available to the public. This draft notification was published on 11th April, 2020 in the Gazette of India.

(3.) For ready reference Section 3(1) and Section 3(2)(v) of the Environment (Protection) Act , 1986 read as under: