Budhsen Rathour vs Union Of India on 15 September, 2022
7. First point to be considered is the validity of exemption
from public hearing for expansion of the project, as
permissible as per OM dated 15.09.2017. Similar issue was
considered vide order dated 25.08.2020 in Appeal no.
78/2018, Laxmi Chuhan vs. Union of India & Ors. It was
held that public hearing had been earlier conducted, hence
there was no prejudice by exemption from public hearing.
Public of the area was benefitted by expansion of the
project. Exempting public hearing in terms of OM dated
15.9.2017 could not be held to be illegal nor against EIA
notification dated 14.9.2006. In the present case, we have
already noted the basis for exemption in terms of 36th
and 41st Meetings on 31.08.2018 and 13-14.12.2018 of
the EAC and conditions subject to which EC for expansion
was granted. In absence of any prejudice to the
environment or interest of the inhabitants, exemption from
public hearing per se cannot be held illegal. However,
whether prejudice has been caused or not needs to be
looked into.