Judgement of the National Green Tribunal (Principal Bench, New Delhi) in the matter of Manoj Mishra Vs Union of India & Ors. dated 07/07/2015.

According to the Applicant, the State is under a constitutional duty in terms of Article 51A of the Constitution of India, to protect and improve the natural environment, including forests, lakes, rivers and wildlife. Respondent No. 1 (Union of India) has issued a Notification dated 14th September, 2006 titled the Environment Clearance Regulations of 2006 (for short ‘Notification of 2006’), under the powers conferred upon it by sub-Section (1) and clause (v) of subSection (2) of Section 3 of the Environmental Protection Act, 1986 (for short ‘Act of 1986’). As per the provisions of the Notification of 2006, the project or activities falling under Category ‘A’ of the Schedule require prior permission from the Central Government while project and activities falling under Category ‘B’ require prior permission from the State Environment Impact Assessment Authority (for short ‘SEIAA’).