PRAFULLA SAMANTRA Vs. MINISTRY OF ENVIRONMENT AND FORESTS

JUDGEMENT

(1.) THE writ petitioner challenges an order dated 29. 1. 2008 of the National environmental Appellate Authority (hereafter, 'the Authority') dismissing his appeal stating that he is not a "person aggrieved" under section 11 of the National environmental Appellate Authority Act, 1997 (hereafter, 'the Act' ).

(2.) THE petitioner, claiming to be a social and environmental activist, preferred the appeal in his personal capacity as the President of a Social Organisation viz. Lok Shakti abhiyan, Orissa Unit under Section 11 (1) of the Act, challenging an order granting environmental clearance, on 7. 3. 2007, issued by the Ministry of Environment and forests (hereafter, 'the Moef'), Central Government, for setting up of Alumina Smelter plant (2,50,000 TPA) based on pre-baked technology at Village Bhurkamunda / brundamal, District Jharsuguda, Orissa by the third respondent.

(3.) THE petitioner claims to be a social and environmental activist involved in issues concerning tribals and environment and also is the President of the Orissa Unit of Lok shakti Abhiyan, an organization dedicated to social and environmental causes. It is claimed that together with his group, he has been closely following environmental issues in Brundamal District, Jahrsuguda, Orissa and is working among the affected communities.