Case Law Details
Pahwa Plastics Pvt. Ltd and Anr Vs Dastak NGO and Anr (Supreme Court)
BRIEF FACTS
1. On January 27, 1994, the Central Government published a notification in accordance with the Environmental Protection Act and the Environmental Protection Rules. According to the notification, no new project or expansion listed in Schedule I may be started without receiving environmental clearance (EC) from the Central Government in accordance with the steps laid out in the notification.
2. For new projects, the Central Government or the State-Level Environment Assessment Authority must first provide environmental clearance, according to a new notification that the Central Government published on September 14, 2006, superseding the previous notification.
3. There were four stages to the approval procedure for new projects, however not all of them might apply in every situation. The phases included screening, scoping, public input, and evaluation.
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The author is terribly wrong and immature. In his analysis he has mixed up two cases as if copying from two different pages of a journal. The issue could neither be raised nor dealt with properly. Rather the result has been reversed from what was held by the Hon’ble court in the judgment. Still his attempt needs to be appreciated and he is expected to be more careful and inquisitive and analytical in future. Instead of commenting on a judgment, he may restrict himself to understanding the issues properly, the judgment and the reasons therefor. LL.M., Ex Legal Adviser, Min. of Law and Justice.