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Karnataka HC Restrains Centre From Publishing Final EIA Notification Till 7th September.
The Union Ministry of Environment, Forests and Climate Change was stopped by the High Court of Karnataka on Wednesday from publishing final Notification regarding the Environment Impact Assessment (EIA) draft notification 2020, till September 7.
Taking into consideration and importance of the fact that the draft of the notification was published on March 23, which was two days before the nationwide lockdown directed by the central government and during this pandemic resultant lockdown individuals faced various restrictions for filing objections to draft notification. A divisional bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi observed this.
They said that prima facie it appeared to them as though the right of Citizens to file objection has been taken away. The extended deadline to file objections/ suggestions to the draft is August 11.
The bench in its order has clarified that it is open for respondents to take all steps allowed on the basis of the questioned draft notification.
Advocate Shiva Kumar representing the Central Government depended on article 343 the Constitution of India and provisions of the official languages Act to give in that the GOI is not under an obligation to publish the draft notification in different languages of the states. The Karnataka HC bench disapproved of the firm position taken by the Central government that the notification is to be published only in Hindi and English languages in the official gazette.
In an order dated 23 July the court said rejecting the same argument advanced by the government, “Prima facie, we do not agree with the submission that the hands of the respondent are tied by virtue of provisions of the Official Languages Act and that they cannot ensure publication of the notification in official languages of the state."
"The approach of the respondents (Central Government) suggests that perhaps those who don't understand Hindi and English language need not file comments or objections to the notification." This was said by the court in response to a stand taken in the statement of objections by the government. The stand taken was that as to avoid any ambiguity in the interpretation, the comments on the draft from the public have to be sought and received in Hindi and English.
In response to the respondent's point that all State Environment Impact Assessment Authority (SEIAA) has been directed to give wide public attention to the draft notification in local languages, the court stated that to date the respondents have not brought on record that promotion is given in Kannada. The bench also observed that the draft notification dated 23rd march was published only on 11 April on the website of the government.
A reading of the clause (a) of sub-rule (3) Rule 5 of the Environment Protection Rules clearly mentions that the central government has the power to publish the draft notification in such other manner as the Central Government may deem it necessary from time to time, noted the bench in its earlier order.
The direction was given during the proceedings of the petition filed by a trust United Conservation Movement. Advocate Prince Issac advanced an argument that earlier when such notifications were issued by the government it gave wide promotions even in vernacular newspapers.
The Delhi HC had also given directions to advertise the notification in local languages.
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