UNION OF INDIA Vs. JIJO JOY

JUDGEMENT

(1.) The above writ appeals filed under Sec. 5(i) of the Kerala High Court Act, 1958, arises out of the judgment dtd. 26/8/2025 of the learned Single Judge in W.P.(C)No.23150 of 2023 and connected matters, treating W.P.(C)No.44547 of 2024 as the leading case.

(2.) The Ministry of Environment, Forest and Climate Change, Government of India, issued notification, S.O.1807(E) dtd. 12/4/2022 [Ext.P8 in W.P.(C)No.44547 of 2024] amending the Environmental Impact Assessment (EIA) Notification, 2006, extending the validity period of the Environmental Clearance for certain projects and activities. It was followed by a clarification vide Official Memorandum F.NO.1A3-22/28/2022-1A.111 [E 181584] dtd. 13/12/2022 [Ext.P9 in W.P.(C)No.44547 of 2024], clarifying that the validity of environmental clearances, which had expired as on the date of publication of Ext.P8 notification dtd. 12/4/2022 shall stand automatically extended to the respective increased validity as mentioned in para No.1, column (C), subject to the proviso to para No.2(i), and that environmental clearances for which the project proponents have submitted the application for extension of validity as per EIA Notification, 2006, as on the date of publication of the notification, i.e., 12/4/2022, shall stand automatically extended to respective increased validity as mentioned at para No.1, column (C).

(3.) 66 writ petitions were filed seeking the benefit of Ext.P8 notification read with the clarification contained in Ext.P9 office memorandum. One writ petition, i.e., W.P.(C)No.44547 of 2024, was filed challenging its constitutional vires. As already noticed hereinbefore, the learned Single Judge proceeded with the matter, treating W.P.(C)No.44547 of 2024 as the leading case.