C R NEELAKANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed as public interest litigation prays for issue of writ of certiorari quashing Ext.P1 order, by which, the Central Government has constituted State Level Environment Impact Assessment Authority (SEIAA), Kerala and State level Expert Appraisal Committee (SEAC), Kerala. A writ of quo warranto has also been prayed for against respondents 5 to 8. Counter affidavits have been filed by respondent Nos.2, 5 to 8. Statement has also been filed by the counsel appearing for the first respondent.

(2.) Brief facts necessary to be noticed for deciding the writ petition are :- In exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986, a notification has been issued by the Ministry of Environment and Forests dated 14.9.2006 providing for obtaining environmental clearance for construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the notification from the Central Government or as the case may be by the State Level Environment Impact Assessment Authority. As per clause (3) of the notification, the Central Government was required to constitute a State Level Environment Impact Assessment Authority (hereinafter referred to as 'SEIAA') comprising of three members, including a Chairman and a Member Secretary. Clause (4) refers to constitution of State Level Expert Appraisal Committee (hereinafter referred to as 'SEAC') by the Central Government. Clause (3) of the notification (hereinafter called as 'EIA notification') provides for manner and procedure of constitution of SEIAA, which are quoted as below :-

(3.) Learned counsel for the petitioner, questioning the appointment of respondents 5 to 8, contends that respondents 5 to 8 did not fulfill the qualification as laid down in the EIA notification dated 14.9.2006. Hence, they are not entitled to hold the office and writ of quo warranto be issued asking them to vacate their public office. It is contended that the Chairman and Members of SEIAA and SEAC are the important officers with onerous duties regarding protection of environment and the Central Government cannot make appointment of persons, who have no experience in the field and are not eligible for the office. It is contended that none of respondents 5 to 8 are experts in environment. It is contended that the State, without proper application of mind and without finding experts in the field has forwarded the names of respondents 5 to 8, which is nothing but abdication of its jurisdiction. It is contended that in the State of Punjab, for constituting the aforesaid two bodies, public advertisement was issued in the news paper inviting applications, whereas, no such procedure was adopted in the State of Kerala. Learned counsel for the petitioner has further relied on an order passed by the National Green Tribunal dated 17.7.2014, wherein, the Tribunal has observed that appointment to SEIAA and SEAC should be made from the experts. Appointment to these bodies from non-environmentalists, who do not fall within the eligibility criteria of Appendix VI should not be made. The Chairman and Members, who have to deal with complex environmental issue, while considering grant of environmental clearance must be possessed with proper experience and qualification in the field.