GRAM PANCHAYAT NAVLAKH UMBRE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. The Learned Counsel for the Respondents waive service. By consent, the Petition is taken up for hearing and final disposal.

(2.) The gram panchayat of the village Navlakh Umbre has moved these proceedings under Article 226 of the Constitution through an association by the name of Navlakh Umbre Parisar Paryavaran Vikas Sangh. The Petition challenges the environmental clearances granted to the Sixth Respondent for setting up a 355 MWs combined cycle power project. The project is to come up in or around the villages of Navlakh Umbre and Badhalwadi, about 35 kms north west of Pune in the Maval Taluka. The Petition, which is in the nature of a public interest litigation, has been placed before the Division Bench in pursuance of administrative directions of Hon'ble the Chief Justice in view of an order of the Supreme Court dated 2 May 2012 directing the disposal of the Petition by 30 June 2012. Accordingly the Petition has been heard for final disposal with the consent of all the parties.

(3.) On 14 September 2006 the Ministry Of Environment and Forests of the Union Government (MOEF) issued a notification in exercise of powers inter alia conferred by Section 3 of the Environment (Protection) Act 1986 stipulating a requirement of a prior environmental clearance for setting up new projects or activities and for the expansion or modernization of existing projects or activities falling within the purview of the notification. The power project which is sought to be set up by the Sixth Respondent falls in category B-1 of the Schedule to the notification.