MANOJ MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India, 1950, has been filed in the style of a Public Interest Litigation (hereinafter referred to as 'PIL') seeking quashing of the notification dtd. 10/7/2020 issued by Respondent No.1as well as seeking the issuance of a writ of quo warranto against Respondents No. 2 to 5, holding their appointment to the Expert Appraisal Committee (Thermal Power and Coal Mining Projects) as illegal.

(2.) In 1986, the Environment (Protection) Act, 1986 (hereinafter referred to as 'the 1986 Act'), and the Environment (Protection) Rules, 1986 (hereinafter referred to as 'the 1986 Rules'), were promulgated with the aim to protect and improve the environment, and was meant to institute a framework that would put in place a regulatory regime that would cover all major industrial and infrastructural activities in order to restrict the same with the view to implement sustainable development. The introduction of the Act reads as under:

(3.) The Ministry of Environment and Forests (hereinafter referred to as the 'MoEF') issued a notification, bearing no. S.O. 1533(E), dtd. 14/9/2006 under Ss. 3(1) and 3(2)(v) of the 1986 Act read with Rule5(3) of the 1986 Rules(hereinafter referred to as the 'EIA notification'); it was in supersession of a 1994 notification.It stated that certain restrictions and prohibitions would be placed on new projects or activities, or on the expansion or modernization of existing projects or activities based on their potential environmental impacts. The Schedule to the EIA notification enumerated two categories [Category A and Category B, which, as per Clause 4(i) of the EIA notification, is based on the spatial extent of potential impacts on human health, and natural and man-made resources]of projects or activities that required one to obtain prior environmental clearance that was to be accorded in consonance with the objectives of the National Environment Policy as approved by the Union Cabinet on 18/5/2006.