Shishir Gupta & ANR v. Union Of India & ANR

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11068/2016 SHISHIR GUPTA & ANR ..... Petitioner Through:

Mr.Dayan Krishanan, Sr.Adv. with Ms.Niyati Kohli and Ms.Aakshi Lodha, Advs.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr.Sanjeev Narula, CGSC with Ms.Vinita Sasidharan, Adv. for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 07.12.2016 CM Nos.43214-15/2015 (exemption) Allowed, subject to all just exceptions.

W.P.(C) No.11068/2016 & CM Nos.43213/2016 The order dated 27.09.2016 of the Government of India, Ministry of Environment, Forest & Climate Change whereunder a Committee was constituted to consider the objections/suggestions of the stakeholders and finalize the Draft Notification No.S.O. 1595 (E) dated 29.04.2016 is under challenge in the present petition primarily on the ground that the members of the Committee have no academic background in the field of environment for adjudication of the objections raised by the petitioner with regard to the impact of the proposed Draft Notification on the Environment. Shri Sanjeev Narula, the learned Standing Counsel for the Central Government who appeared on advance notice on behalf of the respondents

has, at the outset, bought to the notice of this Court that the term of the Committee constituted under the impugned order was only for two months and that the Committee had already considered the objections/suggestions and submitted its recommendations to the Law Ministry. In view of what has been stated by the learned CGSC, we do not consider it appropriate to entertain the writ petition. Writ petition is accordingly disposed of.

However, this shall not preclude the petitioner to challenge the validity of the constitution of the Committee at an appropriate stage in case necessity thereof arises. CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J DECEMBER 07, 2016/pmc