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This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.PUHAZH GANDHI, Advocate for the petitioner and of Mrs.VICTORIA GOWRI,

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[12/13, 11:37] Sekarreporter1: https://twitter.com/sekarreporter1/status/1338002629859786753?s=08
[12/13, 11:39] Sekarreporter1: WP(MD) No.17277 of 2020
ORDER : This petition coming up for orders on this day, upon
perusing the petition and the affidavit filed in support thereof and
upon hearing the arguments of Mr.P.PUHAZH GANDHI, Advocate for the
petitioner and of Mrs.VICTORIA GOWRI, Assistant Solicitor General of
India for the Respondents 1 & 2 and Mr.MUTHUGEETHAIYAN, Special
Government Pleader for the Respondents 3 to 5, the court made the
following order:-
(Order of the Court was made by N.KIRUBAKARAN,J.)
This writ petition is filed by the petitioner challenging the
gazette notification issued by the Ministry of Environment, Forest
and Climate Change, Government of India, in CG-DL-E-23092020-221903,
dated 22.09.2020. According to the petitioner, a draft notification
has been issued on 21.02.2020, by the Ministry of Environment,
Forest and Climate Change for the purpose of reducing the size of
the Kanyakumari Wild Life Sanctuary from 0-10 kms to 0-3 kms. By
the said draft notification, objections, if any, were invited,
within a period of 60 days, from the general public, from the draft
notification and thereafter, public hearing has to be conducted.
2. Mr.P.Puhazh Gandhi, learned Counsel appearing for the
petitioner would submit that though the draft notification was
issued as early as on 21.02.2020, no public hearing was conducted,
in view of the COVID-19 pandemic situation and the Standard
Operating Procedure (SOP) announced by the Government, by imposing
the nation wide lock-down.
3. That apart, according to the learned Counsel, the draft
notification was not made available to the local people in the
vernacular language, as per Rule 3 of the Notification of the
Ministry of Environment and Forests, dated 19.01.2009 and the
Official Memorandum of the Government of India, Ministry of
Environment and Forests, dated 19.04.2010. Therefore, the learned
Counsel prayed for interference.
4. Mrs.Victoria Gowri, learned Assistant Solicitor General of
India takes notice on behalf of respondents 1 & 2 and
Mr.Muthugeethaiyan, learned Special Government Pleader takes notice
on behalf of respondents 3 to 5.
5. As per Rule 3 of the Notification of the Ministry of
Environment and Forests, dated 19.01.2009 and the Official
Memorandum of the Government of India, Ministry of Environment and
Forests, dated 19.04.2010, as referred to by the learned Counsel
appearing for the petitioner, notice of public hearing as well as
the Draft Environmental Impact Assessment Report have to be
advertised in one major National Daily and in one Regional
Vernacular Daily in Official State Language, enabling the local
people to understand the importance of the notification and to
respond. For better appreciation, Rule 3 of the aforesaid
2/5
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