Nlc India Ltd v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.12032 of 2023 NLC India Limited, Represented by its Chief General Manager, Mr.S.Rajmohan, No.135, EVR Periyar High Road, Kilpauk, Chennai - 600 010 .... Petitioner vs Union of India, represented by The Secretary, Ministry of Environment, forest and climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to consider the application dated 17.12.2020 for EC revalidation under the 2006 1/4

Notification and pass appropriate orders in accordance with law, uninfluenced by its Office Memorandum dated 07.07.2021. For Petitioner : Mr.K.Harishankar For Respondents : Mr.Rajesh Vivekanandan Asst.Solicitor General

O R D E R

(The Order of the Court was made by J.Nisha Banu,J) This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondent to consider the application dated 17.12.2020 for EC revalidation under the 2006 Notification and pass appropriate orders in accordance with law, uninfluenced by its Office Memorandum dated 07.07.2021.

2. When the matter is taken up for hearing, the learned Assistant Solicitor General appearing for the respondent brought to the notice of this Court that the petitioner's application for Environment Clearance revalidation under the 2006 Notification was not considered because there was an order of stay granted by this Court on 15.07.2021 and now, that the stay order granted by this Court has been vacated by the Hon'ble Supreme Court by order dated 04.09.2023 in S.L.P(Civil)Diary No.33840/2023 and therefore, there is no impediment for the respondent to consider the 2/4

application of the petitioner for EC revalidation.

3. Recording the above submission, the Writ Petition is disposed of, by directing the respondent to consider the petitioner's application dated 17.12.2020 for EC revalidation within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.

(J.N.B.,J.) (N.M.,J.) 08.09.2023 Index:Yes/No Speaking/Non-speaking order vsi To Union of India, represented by The Secretary, Ministry of Environment, forest and climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

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J.NISHA BANU,J.

and N.MALA,J.

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