PADMAKAR VINAYAK DESHMUKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the parties.

(2.) By this petition, which is filed in public interest, the petitioners have challenged the public hearing conducted by respondent no.3Regional Officer, Maharashtra Pollution Control Board (MPCB) under a notification issued under Rule 5 (3) of the Environment (Protection) Rules, 1986 for granting environment clearance to certain new projects or activities covered by the said notification. The hearing, which is challenged, took place on 17.09.2010. According to the petitioners, since hearing was vitiated by ruckus since the Regional Officer, MPCB did not hear all the villagers, who wanted to raise objections and even when the villagers wanted to object, could not express their objections since they were hustled out of the meeting and suppressed by officers of respondent no.6Company from expressing themselves.

(3.) After this petition was filed on 22.12.2010, the Ministry of Environment and Forests (MoEF) granted Environmental Clearance on 24.02.2011 and the respondents acted on the Environmental Clearance and started developing the site for the purposes of setting up of the Coal Based Thermal Power Plant. Apparently, no stay was granted by this Court against the Environmental Clearance nor was any injunction granted by the Court restraining respondent no.6 from carrying out construction.