(1.) MR . B.B.Nalwade, the petitioner has filed the present Writ Petition for issue of Writ in the nature of Certiorari for quashing the Order dated 12th September, 2008 passed by the National Environment Appellate Authority (hereinafter referred to as NEAA, for short) dismissing his appeal under Section 11(1) of the National Environment Appellate Authority Act, 1997 ((hereinafter referred to as Appellate Act, for short). The petitioner also seeks quashing of the Environment Clearance Order dated 17th May, 2007 granted by the Ministry of Environment and Forest (hereinafter referred to as MOEF, for short) permitting JSW Energy Ltd. (Ratnagiri) Ltd-respondent no.3 herein to set up and construct 1200 MW (4 x 300 MW) coal base Thermal Power Station (hereinafter referred to as TPP, for short) at Jaigarh, Maharashtra.
(2.) THE petitioner states that he is a resident of Ganpatipule Taluka, Distt. Ratnagiri which is a project affected area and earns his livelihood mainly from mango business and he owns mango orchards. It is stated that Ratnagiri district produces Alphonso mangoes and the permission granted by the MOEF and upheld by NEAA is illegal, contrary to statutory provisions, precautionary principle and is otherwise on merits based upon unconfirmed data and assumptions. The following contentions have been raised by the petitioner :
(3.) AS per the 1994 Notification, any person before undertaking a new project or extension or modernization of an existing industry or project listed in Schedule I to the said Notification was required to submit an application for clearance to the Secretary, MOEF. Thermal power plants are included in Schedule I and required clearance. Respondent no.3 therefore, required clearance for setting up TPP at Jaigarh, Distt. Ratnagiri.