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Bijulal.D

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

Ashok Bhushan, Ag.CJ These review petitions have been filed for review of the judgment dated 27.10.2014. Learned counsel for the appellant submits that this Court vide judgment dated 27.10.2014 has observed in paragraph 7 that as and when application for environmental clearance is considered for public hearing, both Panchayat and Water Authority and all interested parties shall have right to place their case on environmental issue and it is for the expert body to look into and submit the report as per the notification dated 14.9.2006. The project of the petitioner falls in category B2. Hence there is no necessity for any public hearing in the matter. 2. We have considered the submissions and perused the record. While disposing of the writ appeal, a direction was issued for hearing the Panchayat, Water Authority and other interested R.P Nos.961 & 963 of 2014 2 parties, looking to the nature of issues raised in the writ petition. We have not considered or expressed any opinion as to whether the notification dated 14.9.2006 is applicable to the petitioner or public hearing is required or not.
3. For the present case, a direction was issued for hearing the Panchayat, Water Authority and other interested parties, even if for grant of environmental clearance no public hearing is contemplated under the notification applicable. The Environmental Clearance Authority and the Water Authority shall give a hearing as per the direction issued by this Court dated 27.10.2014.
With this observation, both the review petitions are disposed of.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
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Title

Bijulal.D

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Jobi Jose
  • Kondody