SAMATA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) By way of the present petition under Article 226 of Constitution of India, the petitioner has impugned the order dated 28.08.2009 passed by the National Environment Appellate Authority, New Delhi in Appeal No.10/2009 whereby the appeal filed under Section 11(1) of the National Environment Appellate Authority Act, 1997 by the petitioner was dismissed.

(2.) Learned senior counsel for the petitioner submits that the National Environment Appellate Authority (for short "NEAA") failed to appreciate the issues raised by the petitioner. The NEAA did not apply its mind to the very serious concerns raised by the petitioner herein in its Appeal and instead dismissed the Appeal and upheld the environmental clearance. The NEAA failed to appreciate that the environmental clearance violated the principle of inter-generational equity. The additional TOR was vital addition to the original TOR and as such deserved a detailed scrutiny as provided under the EIA Notification, 2006.

(3.) Learned Senior Counsel for the petitioner has drawn this Court's attention to the relevant provision of Section 38 of the National Green Tribunal Act, 2010 (for short "the Act"), which reads as under: -