UDAY UMESH LALIT,J. - (1.) Leave granted.
(2.) This appeal challenges the judgment and order dated 11.05.2012 passed by the High Court of Gujarat allowing Special Civil Application No.5986/2010 setting aside the Environmental Clearance dated 27.01.2010 and directing that the operations of the entire plant of the Appellant be stopped and that the operations could be continued only after fresh Environmental Clearance was accorded in its favour by the Ministry of Environment and Forests and Union of India.
(3.) The Environment Impact Assessment Notification dated 27.01.1994 issued by the Central Government in exercise of powers conferred by sub -section(1) and Clause V of sub -section(2) of Section 3 of the Environment (Protection) Act, 1986 read with Clause(d) of sub -rule(2) of Rule 5 of the Environment (Protection) Rules, 1986 stipulated inter alia that in case of expansion or modernization of any activity, if pollution load exceeded the existing one or the new project was listed in Schedule I to the said Notification, such activity would not be undertaken unless the Environmental Clearance was accorded by the Central Government. Same thought was carried and finds expressly stipulated in the Notification dated 14.09.2006 issued by the Central Government in supersession of the Notification dated 27.01.1994. The Notification dated 14.09.2006 directed that the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the Notification entailing capacity addition with change in process and or technology would be undertaken only after prior Environmental Clearance from the Central Government or as the case may be by the State Level Environment Impact Assessment Authority. Clauses 2 and 4 of the Notification deal with requirements of prior Environmental Clearance and Categorization of Projects and Activities respectively. Under Clause 7 Environmental Clearance process comprises of four stages in sequential order, namely, (1) - Screening, (2) Scoping, (3) Public Consultation and (4) Appraisal.;