Allowed

J.Pannerselvam, v. the Chairman

Madras HC6 Oct 2023WP/29283/2023

Case brief

AI extract

What is this about?

The court permitted the petitioner to carry on quarrying operations and obtain necessary transport permits until 09.10.2023, which matches the expiry of his valid Environmental Clearance issued by the former DEIAA and Consent to Operate from the Pollution Control Board. The order clarified that no recurring benefit would arise for lease extensions and future operations require fresh clearances.

What did the court decide?

Permitted the petitioner to carry on quarrying and issue transport permits until 09.10.2023 on existing clearances.

J.Pannerselvam, Vs the Chairman — Writ and Judicial Review | Madras HC (2023)

¶1

W.P.No.29283 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 06.10.2023

¶4

CORAM

¶5

THE HON'BLE MRS. JUSTICE J.NISHA BANU and

¶6

THE HON'BLE MRS. JUSTICE N.MALA

¶7

W.P.No.29283 of 2023 and W.M.P.No.28905 of 2023

J.Pannerselvam

... Petitioner

1. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai 600 032

¶12

1. State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai 15

¶13

1. The District Collector, Dharmapuri District, Dharmapuri.

¶14

1. The Assistant Director, Department of Geology and Mining, Dharmapuri

¶15

... Respondents

¶16

PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to permit the

¶17

___________ Page No.1 of 6_ https://www.mhc.tn.gov.in/judis

¶18

W.P.No.29283 of 2023

¶19

petitioner herein to carry on quarrying operation in the land measuring 1.86.50 Hec. comprised in Survey No.213 & 216/1 of Naththathahalli Village, Nallampalli Taluk & Dharmapuri District, by issuing necessary transport permits until the date of expiry of environmental clearance obtained from the District Level Environment Impact Assessment Authority vide Lr. No.02/DEIAA-DPI/E.C.No.02/2018 dated 29.06.2018 i.e.09.10.2023 without insisting environmental clearance appraised by SEIAA.

¶20

For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel for Ms.K.Indupriya For R-1 : Mrs.Shanumugavalli Sekar, Standing Counsel For R-2 : Mr.K.Srinivasamurthy, Standing Counsel For RR 3 & 4 : Mrs.Mythreye Chandru, Special Government Pleader ****** O R D E R

¶21

(The order of the Court was made by J.NISHA BANU, J. )

¶22

The petitioner was granted quarry lease on 14.09.2018 and the

¶23

same was granted for a period of five (5) years from 10.10.2018 to 09.10.2023. The Environmental clearance for the said project was granted

¶24

___________ Page No.2 of 6_ https://www.mhc.tn.gov.in/judis

¶25

W.P.No.29283 of 2023

¶26

by the District Level Environment Impact Assessment Authority (DEIAA). The clearance that was granted was co~terminus with the grant of the lease i.e. the clearance is valid till 09.10.2023.

¶27

2.The petitioner submitted his application for Consent to Operate

¶28

under The Air (Prevention and Control of Pollution) Act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974 and the same came to be granted by the 1^st respondent vide Proceedings dated 10.06.2020 and renewed by Consent Order dated 06.09.2022. In the meantime, the DEIAA was abolished and the power was vested with the State Environmental Impact Assessment Authority. An order was passed by the National Green Tribunal in O.A.No.142 of 2022 directing all clearances given by DEIAA to be re~appraised by SEAC/SEIAA. This order was passed on 07.12.2022.

¶29

3.On account of the fact the re~appraisal was not done by the SEIAA,

¶30

the consent was not renewed.

¶31

On the above submissions, Mr.Srinivasamurthy, learned counsel

¶32

___________ Page No.3 of 6_ https://www.mhc.tn.gov.in/judis

¶33

W.P.No.29283 of 2023

¶34

for the SEIAA submits that it will take minimum period of three (3) weeks for re-appraisal.

¶35

Mrs.Mythreye Chandru, learned Special Government Pleader drew the attention of this court to the proceedings dated 06.10.2023 whereby, the Deputy Director, Department of Geology and Mining, Collectorate, Salem, stated that issuing of transport permits are stopped to the writ petitioner in W.P.No.29252 of 2023/lessee until obtaining fresh Environmental Clearance (EC) from State Environmental Impact Assessment Authority (SEIAA).

¶36

In the facts and circumstances of the case and considering the submission of the petitioner that the 4^th respondent refused to issue transport permit for the petitioner's quarry despite holding a valid Environment Clearance as on date and necessary Consent to Operate from the 1^st respondent, we permit the petitioner to quarry till 09.10.2023 for which he has a valid consent from the Pollution Control Board as well as from DEIAA. We make it clear that all the conditions stipulated by the Pollution

¶37

___________ Page No.4 of 6_ https://www.mhc.tn.gov.in/judis

¶38

W.P.No.29283 of 2023

¶39

Control Board and DEIAA must be strictly complied with.

¶40

If the petitioner applies for extension of lease, this order will not enure in his favour, for its co~terminus with the DEIAA approval i.e. Till 09.10.2023. The petitioner will not be entitled to quarry after the said date without clearance from the Pollution Control Board and SEIAA and a valid lease.

¶41

This writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed.

¶42

(J.N.B., J.) (N.M., J.) 06.10.2023

¶43

Index:Yes/No Speaking/Non-speaking order Neutral Citration: Yes / No sts/nvsri Note:Issue order copy by 11.10.2023.

¶44

___________ Page No.5 of 6_ https://www.mhc.tn.gov.in/judis

¶45

W.P.No.29283 of 2023

¶46

J.NISHA BANU, J., and N.MALA, J.,

¶47

nvsri

¶48

To:

¶49

1. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai 600 032

¶50

1. State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai 15

¶51

1. The District Collector, Dharmapuri District, Dharmapuri.

¶52

1. The Assistant Director, Department of Geology and Mining, Dharmapuri

¶53

Order made in W.P.No.29283 of 2023

¶54

Dated: 06.10.2023

¶55

___________ Page No.6 of 6_ https://www.mhc.tn.gov.in/judis

J.Pannerselvam, v. the Chairman

Case brief

What is this about?

What did the court decide?

J.Pannerselvam, v. the Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

D.Samuel Surendran Vs The Secretary to Government

K.Dhatchayani Vs the Commissioner

D.Jagannathan Vs K.Dhatchayani

K.Arjunan Vs the Chairman

K.Prakash Vs the Chairman

M.Senthilraj Vs the Chairman