M.K. Salim v. State of Kerala

Environment (Protection) Act, 1986 – Sections 3(1) and 3(2)(v) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – Environmental Impact Assessment (EIA) notification – Environmental Clearance (EC) – State Environmental Impact Assessment Authority (SEIAA) – Argument that the building having a built-up area of more than 1.5 lakhs sq.m. must obtain the EC from the Ministry of Environment and Forest, is a misconception and a misreading of the EIA notification – A project having a built-up area of more than 1.5 lakhs sq.m. can also fall under category B. If it is a category B project, the SEIAA is the authority to grant the EC. 2021 (4) KCC 263 : 2021 (4) KHC 597