Pradeep Mishra vs Union Of India

NEUTRAL CITATION NO. 2026:MPHC-JBP:50374
1 WP-11328-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
th
ON THE 8 OF JULY, 2026
WRIT PETITION No. 11328 of 2026
PRADEEP MISHRA
Versus
UNION OF INDIA AND OTHERS
Appearance:
Shri Kailash Chandra Ghildiyal - Senior Advocate with Shri Maneesh
Kholia - Advocate for the petitioner.
Shri Piyush Bhatnagar - Advocate for the respondent No.1/Union of
India.
Shri Bramhadatt Singh - Additional Advocate General for the
respondents/State.
ORDER
Per: Vivek Rusia, Acting Chief Justice
By way of present Public Interest Litigation, the petitioner is seeking
the following reliefs:-
"I) A writ order or direction in the nature of Certiorari
thereby quashing the Notification S.O 134(1) dated
07.01.2025 (Annexure P/5) issued by respondent no.1
ministry for the constitution of respondent no.3
regulatory authority and respondent no. 6 Appraisal
committee and the quashing of the consequential order
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15

NEUTRAL CITATION NO. 2026:MPHC-JBP:50374
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dated V/0007/2025-Sec-1-66(ENV) issued by
respondent No.2 Ministry.
II) A writ order or direction in the nature of
mandamus there by directing the respondent No.1
ministry to constitute a fresh body of respondent no.3
authority (SEIAA) and respondent no.6 committee
(SHAC) with its chairman and members fulfilling the
eligibility criteria laid down in Appendix VI of the EIA
Notification 2006.
III) Any other appropriate writ, order or direction
which the Hon’ble court may deem just and proper in
the nature and circumstances of the case."

2. Facts of the case, in short, are that State Environment
Impact Assessment Authority (SEIAA) is a three members State
Level regulatory authority which has been created by the Ministry
of Environment, Forest & Climate Change (for short
"MoEF&CC") vide notification dated 14.9.2006 under section 3(3)
of the Environment Protection Act, 1986. The expert committee of
SEIAA, which is designated as State Expert Appraisal Committee
(SEAC), is also constituted by the MoEF&CC in compliance of
administrative order passed by the State of M.P. The term of
SEIAA has been fixed for 03 years. As per para 2 of EIA
notification of 2006 a prior environmental clearance from SEIAA
is required for projects falling under category B (B-1 & B-2) of
the Schedule. In view of para 4 of aforesaid notification, the
SEIAA shall base its decision on the recommendations of SECA.
3. Accordingly, the SEIAA constituted by the respondent
No.1 vide notification dated 07/1/2025 will remain in effect till
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15

NEUTRAL CITATION NO. 2026:MPHC-JBP:50374
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06.1.2028. The respondents No.4 & 5 are the Chairman &

Member of SEIAA respectively. The Executive Director of EPCO
(Environment Planning & Coordination Organisation) is its ex
officio Member Secretary. The respondents No.7, 8 & 12 are the
Chairman & Members of SEAC respectively. The Member
Secretary of M.P. Pollution Control Board is ex-officio Member
Secretary of SEAC.
4. According to petitioner, till date more than 65 meetings of
SEIAA have already taken place under the respondent No.4 but
the decisions taken regarding environmental clearance by it, which
are based on the recommendations of SEAC, reveal that there are
number of cases wherein decision taken is contrary to the statutory
provisions and objectives of EIA Notification, 2006 as well as that
of clause (v) of section 3(2) of Environment Protection Act. It is
stated that the SEIAA, as a regulatory body, is failing in fulfilling
its objectives.
5. Learned counsel for the petitioner submits that in the
interest of protection and improvement of the environment of the
State of M.P., the respondent No.1 be directed to disband the
composition of SEIAA and SEAC and constitute such committees
afresh.
6. Heard learned counsel for the parties and perused the
record. By way of this petition the petitioner is seeking quashment
of the notification dated 07/1/2025 issued by the respondent No.1
whereby SEIAA has been constituted and SEAC, on the ground
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15

NEUTRAL CITATION NO. 2026:MPHC-JBP:50374
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that they have not fulfilled the objectives of the new

Environmental Policy, 2006. According to the petitioner, till date
65 meetings of SEIAA have taken place, and the environmental
clearances have been granted contrary to the statutory provisions
under the Notification of 2006. Thus, the SEIAA is functioning in
gross violation of the EIA Notification 2006. Hence, from the
aforesaid, it is clear that the petitioner has made general
allegations in the petition and is seeking abolition of aforesaid
Committees.
7. The respondents have uploaded a copy of S.L.P. filed by
one of the activists (Vijay Kumar Das). The reliefs claimed in the
aforesaid S.L.P. No.689/2025 read as under:-
"a) Issue a Writ of Certiorari or
any other appropriate Writ, Order
declaring that the action of grant of
237 Environmental Clearances
issued by the respondent No. 4 is
illegal being in gross violation of
the Environment (Protection) Act,
1986, the Environment
(Protection) Rules, 1986, and the
Environmental Impact Assessment
(EIA) Notification, 2006;
b) Issue a Writ of Mandamus
directing immediate action under
Sections 15 and 17 of the
Environment (Protection) Act,
1986 against the Member
Secretary, SEIAA, Madhya
Pradesh, the Principal Secretary,
Environment Department,
Government of Madhya Pradesh,
the Chief Secretary, Government
of Madhya Pradesh, and any other
public servants found involved in
the illegal grant of Environmental
Clearances;
c) Issue a Writ of Mandamus,
or any other appropriate Writ,
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15

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Order, or Direction thereby
directing the Central Bureau of
Investigation (CBI) or any other
competent and independent
investigating agency to conduct a
time-bound investigation into the
actions/inactions of the Member
Secretary, Officer-in-Charge, and
the Principal Secretary,
Department of Environment,
Government of Madhya Pradesh,
and others involved in the illegal
grant of Environmental
Glearances, in collusion with
mining interests and project
proponents, andro take
comequential civil, criminal, and
disciplinary action against all
erring public officials;
d) Issue a Writ of Mandamus
directing the immediate suspension
of the Member Secretary, SEIAA,
Madhya Pradesh for serious
irregularities and misconduct in
not holding SEIAA meetings,
pending completion of criminal
investigation and disciplinary
proceedings,
e) Issue a Writ of Mandamus
directing disciplinary action
against the Principal Secretary and
Chief Secretary, Government of
Madhya Pradesh, for their role in
facilitating and enabling the illegal
grant of Environmental Clearances
in violation of statutory provisions,
f) Issue a Writ of Mandamus
directing that all SEIAAs function
with complete institutional
independence by placing all
SEIAA staff under the direct
supervision and control of SEIAA
rather than the State Government,;
g) Issue a Writ of Mandamus
or any other writ issuing guidelines
to ensure that State Environment
Impact Assessment Authorities
(SEIAAS) across the country
function with independence,
transparency, and accountability,
and are subjected to executive

Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15

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interference or influence by
officers of the State Government
in violation of the scheme under
the EIA Notification, 2006;
h) Issue a Writ of Mandamus
directing the State of Madhya
Pradesh to pay appropriate
compensation for environmental
damage caused by projects that
may have commenced operations
under the illegally granted
Environmental Clearances;
i) Pass such other and further
orders as this Hon'ble Court may
deem fit and proper in the interest
of justice, environmental
protection, and upholding the rule
of law."


8. In aforesaid S.L.P. No.689/2025, the notices have been
issued by the Apex Court on 23.7.2025. Once the Apex Court is
seized of the matter in respect of the functioning of SEIAA and
SECA, we do not find any ground to interfere in this writ petition.
9. Accordingly, it is dismissed.
(VIVEK RUSIA)
ACTING CHIEF JUSTICE
(PRADEEP MITTAL)
JUDGE
RM

Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 13-07-2026
17:26:15