Kerala High Court
One Earth One Life vs Union Of India on 21 January, 2026
2026:KER:5029
W.P(PIL)No.36 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
WP(PIL) NO. 36 OF 2025
PETITIONER:
ONE EARTH ONE LIFE, REG. NO. S. 246/1988, USHAS,
PERAMANGALAM P.O, THRISSUR-680545, REPRESENTED BY ITS
LEGAL CELL DIRECTOR, SRI.TONY THOMAS.K, AGED 65
YEARS, S/O. THOMAS (LATE), KIZHAKKEKKARA HOUSE,
IRUMBAKACHOLA, MANNARKAD P.O, PALAKKAD DISTRICT, PIN
- 678582
BY ADVS.
SRI.V.HARISH
SRI.RAJAN VISHNURAJ
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT,
FORESTS AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN,
JOR BAGH ROAD, NEW DELHI- 110003
2 SECRETARY, MINISTRY OF ENVIRONMENT, FORESTS AND
CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JOR BAGH
ROAD, NEW DELHI, PIN - 110003
3 KERALA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN, PETTAH, PALLIMUKKU P.O,
THIRUVANANTHAPURAM, PIN - 695024
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SRI.T.V.VINU, CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING
COME UP FOR ADMISSION ON 21.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:5029
W.P(PIL)No.36 of 2025
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Soumen Sen, C.J. & Syam Kumar V.M., J.
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W.P(PIL)No.36 of 2025
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Dated this the 21st day of January, 2026
JUDGMENT
Soumen Sen, C.J.
Mr.V.Harish, learned counsel appearing for the Petitioner, has fairly submitted that in view of the decision of the judgment of the Hon'ble Supreme Court dated 05.08.2025 in Writ Petition (Civil) No.166 of 2025, wherein the Hon'ble Supreme Court has comprehensively considered and adjudicated the very same issues raised in the present writ petition and has held that Note 1 to Entry 8(a) of the notification to be quashed and set aside, this Public Interest Litigation has now become infructuous.
2. In view of the aforesaid, the writ petition filed seeking, inter alia to issue a writ of certiorari or any other appropriate writ quashing Ext.P1 notification dated 29.01.2025, Ext.P14 draft notification and Ext.P21 Office Memorandum issued by the 2026:KER:5029 W.P(PIL)No.36 of 2025 3 1st respondent has now become infructuous.
3. In view of the submission made by the learned counsel for the Petitioner in this regard, this petition stands disposed of.
Sd/-
Soumen Sen Chief Justice Sd/-
Syam Kumar V.M. Judge vgd 2026:KER:5029 W.P(PIL)No.36 of 2025 4 APPENDIX OF WP(PIL) NO. 36 OF 2025 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE NOTIFICATION SO NO. 523 (E) DATED 29.01.2025 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE RIO DECLARATION OF ENVIRONMENT AND DEVELOPMENT, 1992 EXHIBIT P3 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE NATIONAL CONSERVATION STRATEGY AND POLICY STATEMENT ON ENVIRONMENT AND DEVELOPMENT POLICY EXHIBIT P4 A TRUE PHOTOCOPY OF THE DRAFT NOTIFICATION DATED 28.01.1993 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 A TRUE PHOTOCOPY OF THE ORDER DATED 07.12.2001 BY THE HON'BLE SUPREME COURT EXHIBIT P6 A TRUE PHOTOCOPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE SUPREME COURT EXHIBIT P7 A TRUE PHOTOCOPY OF THE DRAFT NOTIFICATION DATED 27.10.2003 ISSUED BY THE 1ST RESPONDENT EXHIBIT P8 A TRUE PHOTOCOPY OF THE NOTIFICATION DATED 07.07.2004 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 A TRUE PHOTOCOPY OF THE RELEVANT PAGES DRAFT NOTIFICATION DATED 15.09.2005 ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE NATIONAL ENVIRONMENT POLICY EXHIBIT P11 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 14.09.2006 ISSUED BY THE 1ST RESPONDENT EXHIBIT P12 A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 03.12.2010 IN WPC NO. 202/1995 EXHIBIT P13 A TRUE PHOTOCOPY OF THE NOTIFICATION DATED 04.04.2011 ISSUED BY THE 1ST RESPONDENT EXHIBIT P14 A TRUE PHOTOCOPY OF THE DRAFT NOTIFICATION DATED 07.11.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P15 A TRUE PHOTOCOPY OF THE NOTIFICATION NO.
S.O.3252(E) DATED 22.12.2014 ISSUED BY THE 2026:KER:5029 W.P(PIL)No.36 of 2025 5 1ST RESPONDENT EXHIBIT P16 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 19.05.2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT P17 A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 17.09.2020 PASSED BY THIS HON'BLE COURT IN WPC NO. 3097 OF 2016 EXHIBIT P18 A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 15.06.2022 IN I.A.NO.2 OF 2022 IN WP(C) NO.3097/2016 PASSED BY THIS HON'BLE COURT EXHIBIT P18(A) A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 26.07.2022 IN WP(C) NO.3097/2016 PASSED BY THIS HON'BLE COURT EXHIBIT P18(B) A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 02.09.2022 IN IA NO.3/2022 IN IN WP(C) NO.3097/2016 PASSED BY THIS HON'BLE COURT EXHIBIT P18(C) A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 29.11.2023 IN WP(C) NO.3097/2016 PASSED BY THIS HON'BLE COURT EXHIBIT P19 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 06.03.2024 PASSED BY THIS HON'BLE COURT IN WPC NO. 3097 OF 2016 EXHIBIT P20 A TRUE PHOTOCOPY OF OBJECTION DATED 11.11.2024 FILED BY PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P21 A TRUE PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 30.01.2025 EXHIBIT P22 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE ORDER DATED 15.06.2018 ISSUED BY MOEF FOR A BUILDERS VIZ. HI-LITE BUILDERS PVT LTD EXHIBIT P23 A TRUE PHOTOCOPY OF THE ENVIRONMENTAL CLEARANCE ORDER NO. 101/B/2023 ISSUED BY SEIAA FOR A HOUSING PROJECT VIZ. M/S FEDERAL HOUSE CONSTRUCTION CO-OPERATIVE SOCIETY LTD ON 04.05.2023 EXHIBIT P24 A TRUE PHOTOCOPY OF THE ORDER DATED 28.01.2021 IN R.P.NO: 975 OF 2020 IN WP(C) NO: 18798 OF 2020 PASSED BY THIS HON'BLE COURT EXHIBIT P25 A TRUE COPY OF THE JUDGMENT IN WPC 18798 OF 2020 ALONG WITH CCC NO.1796 OF 2021 DATED 21.02.2022 2026:KER:5029 W.P(PIL)No.36 of 2025 6 EXHIBIT P26 A TRUE COPY OF THE JUDGMENT DATED 30.06.2020 IN WPC NO.3747 OF 2020 BY THE DELHI HIGH COURT EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 26.11.2021 IN RP NO.131/2020 EXHIBIT P28 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 05.09.2024 PASSED BY THE HON'BLE HIGH COURT IN WPC NO. 29810 OF 2024 RESPONDENTS' EXHIBITS EXHIBIT R1(B) TRUE COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT DATED 10.08.2018 IN CIVIL APPEAL NO. 10854 OF 2016 EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 24.02.2025 IN IA NO. 48655 OF 2025 IN WRIT PETITION (CIVIL) NO. 166 OF 2025 OF THE HONOURABLE SUPREME COURT OF INDIA EXHIBIT R1(C) TRUE COPY OF THE ORDER DATED 31.01.2025 IN WP(C) NO. 3849 OF 2025 OF THIS COURT