Disposed

P.Ettikkan v. The Union of India

Madras HC5 Sept 2014WP/24049/2014

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking prohibition of the National Green Tribunal entertaining an extension application regarding environmental clearances. Recognizing a pending Supreme Court appeal, the Court withdrew the application and allowed the interim arrangement to continue until the Supreme Court's disposal date.

What did the court decide?

Application for extension withdrawn; interim arrangement continues until 08.09.2014 pending Supreme Court decision.

P.Ettikkan Vs The Union of India — Mining and Natural Resources | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.09.2014

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN

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W.P.No.24049 of 2014
and
M.P.Nos.1 and 2 of 2014
P.Ettikkan .. Petitioner
vs
1.The Union of India
Rep. by its Secretary to Government,
Ministry of Environment and Forests,
New Delhi.
2.The Member Secretary,
State Level Environment Impact
Assessment Authority, 3rd Floor,
Panagal Maligai, No.1, Jeenis Road,
Saidapet, Chennai.
3.The Executive Engineer,
Public Works Department/WRD,
Karur.
4.The National Green Tribunal,
Southern Zone, Rep. by its Registrar,
Arumbakkam, Chennai. ..Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Prohibition prohibiting or restraining the 4th respondent Tribunal from entertaining/adjudicating MA.No.184, 185 and 194 of 2014 (SZ) in Appeal Nos.70, 72 and 88 of 2013 (SZ) pending on the file of the 4th respondent Tribunal.

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For Petitioner .. Mr.T.Mohan for Mr.A.Yogeswaran For Respondents .. Mr.S.T.S.Moorthy Govt. Pleader for R3 .. R-4 Tribunal Ms. P. Mahalakshmi for R2

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner has preferred this petition aggrieved by respondent no.4 / National Green Tribunal entertaining an application for extension of time, which had been originally granted by the Tribunal vide order dated 24.02.2014, for six months to obtain requisite licences. This order was assailed before this Court and by an order dated 06.08.2014, a Division Bench of this Court concluded that the environmental clearances granted qua the mining operations were contrary to law. It, however, did not interfere with the order of the Tribunal for the reason that only a short time was left for the period to expire.

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2.It is the submission of the learned counsel for the petitioner that under the doctrine of merger, the order of Tribunal merged with the order of this Court and if at all any application for extension had to be filed, it could only be before this Court. Thus, it is his submission that the application ought not to have been entertained by the Tribunal.

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3.We do find some force in the contention for the reason that it is the own case of the Government authorities that they are preferring a Special Leave Petition against the order passed by this Court on 06.08.2014 and wanted a breathing time in-between. We are now informed that the Special Leave Petitions had been filed and numbered as S.L.P.Nos.24297 to 24314 of 2014 and were listed today before a Bench presided over by the Hon'ble Chief Justice, but on account of paucity of time, the matter has been deferred to 08.09.2014.

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4.Learned Government Pleader, thus, seeks continuation of the interim directions passed by the Tribunal originally on 24.02.2014 till Monday (08.09.2014), when it would be for the Hon'ble Supreme Court to take a call on the issue. In such a situation, there is, thus, no question of further maintaining of the application before the Tribunal.

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5.We, thus, dispose of the present writ petition with the following directions:

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The application filed by the Government before the National Green Tribunal shall stand withdrawn; and

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1. The interim arrangement which was to continue till 23.08.2014 and was extended by the Tribunal till today (05.09.2014) would continue to be in force till 08.09.2014, in so far as the leases qua which prayer for extension of interim arrangement has been made before the National Green Tribunal.

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https://hcservices.ecourts.gov.in/hcservices/

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1. The parties would thus naturally be governed by whatever the fate would be of the Special Leave Petition preferred by the Government authorities before the Hon'ble Supreme Court.

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1. The quarrying in the extended period of time would be strictly in accordance with the norms.

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No costs. Consequently, connected miscellaneous petitions stand closed.

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Sd/-
Asst.Registrar (CS II )
/true copy/
Sub Asst. Registrar
sra
To
1.The Secretary to Government of India
Ministry of Environment and Forests,
New Delhi.
2.The Member Secretary,
State Level Environment Impact
Assessment Authority, 3rd Floor,
Panagal Maligai, No.1, Jeenis Road,
Saidapet, Chennai.
3.The Executive Engineer,
Public Works Department/WRD,
Karur.
4.The Registrar
National Green Tribunal,
Southern Zone,
Arumbakkam, Chennai.
1 cc to Ms.P. Mahalakshmi, Advocate, sr. 42130
W.P.No.24049 of 2014
NG (CO)
kk 17/6

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https://hcservices.ecourts.gov.in/hcservices/

P.Ettikkan v. The Union of India

Case brief

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P.Ettikkan v. The Union of India

Case brief

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