GREEN VISTAS INFRASTRUCTURE PROJECTS Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant writ appeal is filed against an interim order dated 18.06.2020 in W.P.(C) No.3870 of 2015, by which the writ court suo motu impleaded Kerala State Remote Sensing and Environmental Centre, Vikas Bhavan, C-Block, Thiruvananthapuram, Kerala-695 033, represented by its Director, as additional 7th respondent in the writ petition and issued certain directions.

(2.) Short facts leading to the appeal are as follows: Appellant is a joint venture company, incorporated for construction of a multi-storeyed apartment complex in Sy. No.395/3 in Kakkanad Village of Thrikkakara Municipality (erstwhile Thrikkakara Panchayat). Based on Exhibit-P1 No Objection Certificate dated 4.2.2006 issued by the Secretary, Thrikkakara Municipality (respondent No.6), construction was commenced. Thereafter, the appellant obtained all the required permissions from the concerned authorities, viz., Exhibit-P2 certificate issued by the Commandant General of Fire & Rescue Department dated 17.02.2009, Exhibit-P3 NOC issued by the Southern Naval Command dated 15.12.2014 for five blocks, and Exhibit-P4 NOC issued by the Airport Authority of India dated 27.02.2016, valid till 26.02.2021, as on the date of application and commencement of construction. Appellant has also obtained building permit and occupancy certificate for three towers from the respondent Municipality. However, later viz., State Environmental Impact Assessment Authority (SEIAA), represented by its Member Secretary, and State Environment Assessment Committee (SEAC), represented by its Secretary, respondents 3 and 4 respectively, initiated proceedings against the appellant stating that, the appellant has failed to obtain prior environmental clearance under the Environmental Impact Assessment Notification, 2006 (EIA). At this juncture, appellant approached the writ court and filed W.P.(C) No.3870 of 2020, seeking the following reliefs:

(3.) Dates of record of proceedings in the writ petition, as furnished by the learned Senior Counsel for the appellant, are hereunder: