Delhi High Court : Notice to Centre in PIL challenging retrospective environmental clearance for projects (14.12.2021)

Tuesday, December 14, 2021 : The Delhi High Court on Tuesday issued notice in a petition challenging an office memorandum issued by the Union Ministry of Environment, Forests and Climate Change (MOEF&CC) prescribing a procedure for granting retrospective environmental clearance to projects (Nishtha Shukla v. Union of India).

The Bench of Chief Justice DN Patel and Justice Jyoti Singh gave the Central government time till March 29 to file its response.

The petition, filed by student Nishtha Shukla through Advocates Chirag Jain and Shobhit Shukla, argued that the communication dated July 7, 2021 was passed by the Ministry without jurisdiction, in contravention of the law as established under Environment Impact Assessment (EIA) Notification 1994 and EIA Notification 2006. The petition said that the office memo is ultra vires the powers of the government under the Environment (Protection) Act, 1986 and also undermines the rights of people under Articles 21 and 48-A of the Constitution.

Interestingly the communication had earlier been challenged before the Madurai bench of Madras High Court which had stayed it in July.

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14 Dec 2021