The High Court permitted the petitioner to continue quarrying operations until the expiry of the existing environmental clearance valid till 24.11.2023, despite the State SEIAA not having re-appraised the clearance due to the abolition of the District Level Authority.
Permitted the petitioner to quarry till 24.11.2023 and issue necessary transport permits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No. 29833 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS. JUSTICE N.MALA
W.P.No. 29833 of 2023 and W.M.P.No.29439 of 2023
S.Suresh ... Petitioner
Vs.
1.The Chairman Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai~600 032.
2.State Environment Impact Assessment Authority No.9, Jeenis Road Saidapet, Chennai 15
3.The District Collector Salem District Salem
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W.P.No. 29833 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to permit the petitioner herein to carry on quarrying operation in the land measuring 2.00.00 Hectares, comprised in survey no.181(part), Arasanatham Village, Attur Taluk, Salem 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.DEIAA-DIA/TN/MIN/15189/2018SLM-EC.No.19/2018 dated 10.06.2018 i.e., 24.11.2023, without insisting environment clearance appraised by SEIAA.
| For Petitioner |
: Mr.V.P.Sengottuvel Senior Counsel for Mr. P.S. Prabhu |
|---|---|
| For Respondents |
: Mrs. Shanmugavalli Sekar for R1 Standing Counsel Mr. K.Srinivasamurthy for R2 |
| Senior Panel Counsel | |
| Mrs. Mythreye Chandru for R3&R4 | |
| Special Government Pleader |
ORDER
(Order of the Court was made by J.Nisha Banu,J.)
The petitioner was granted quarry lease on 25.11.2018 and the same was granted for a period of five (5) years from 25.11.2018 to 24.11.2023. The Environmental clearance for the said project was granted by
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W.P.No. 29833 of 2023
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 24.11.2023.
2.The petitioner submitted his application for consent to operate 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 1st respondent vide Proceedings dated 05.12.2018 and renewed vide Consent Order dated 05.04.2023. 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.
3.On account of the fact the re~appraisal was not done by the SEIAA,
the consent was not renewed.
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W.P.No. 29833 of 2023
Panel Counsel appearing for the SEIAA submits that it will take minimum period of three (3) weeks for re-appraisal.
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W.P.No. 29833 of 2023
(J.N.B.,J.) (N.M.,J.)
13.10.2023
Index : Yes / No Speaking Order : Yes/No Internet:Yes/No Neutral Citation: Yes/No msv Note: Registry is directed to issue order copy on 16.10.2023.
To 1.The Chairman Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai~600 032. 2.State Environment Impact Assessment Authority No.9, Jeenis Road Saidapet, Chennai 15
3.The District Collector Salem District Salem
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W.P.No. 29833 of 2023
J.NISHA BANU,J. And N.Mala,J.
msv
W.P.No. 29833 of 2023 and W.M.P.No.29439 of 2023
13.10.2023
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2 issues framed by the court
Whether the petitioner can be permitted to carry on quarrying operations despite the non-renewal of environmental clearance due to the abolition of DEIAA.
Whether the petitioner is entitled to transport permits for quarrying until the expiry of the existing environmental clearance issued by the abolished DEIAA.
3 provisions across 3 enactments
S. Suresh
The Chairman Tamil Nadu Pollution Control Board
State Environment Impact Assessment Authority
The District Collector Salem District Salem
The Deputy Director Salem District Department of Geology and Mining Salem
J. NISHA BANU
N. MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J. NISHA BANU and N. MALA
Parties & counsel
