B.Ramkumar Adityan v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.10759, 10391, 11286 & 12670 of 2020 & W.M.P.Nos.12641, 13075, 13078 & 13079 of 2020 W.P.NO.10759 OF 2020 B.Ramkumar Adityan ... Petitioner .Vs.
The Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, Jorbagh Road, New Delhi - 110 003.
... Respondent W.P.NO.10391 OF 2020 Meenava Thanthai K.R.Selvaraj Kumar, Meenavar Nala Sangam, Rep. by its President, M.R.Thiyagarajan.
... Petitioner .Vs.
1. The Union of India, Rep. by its Secretary Ministry of Environment, Forest and Climate Change (MoEF & CC), New Delhi - 110 003.
2. The Chief Secretary, The Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.
... Respondents (R2 suo motu impleaded vide order of court dated 07.8.2020 in W.P.NO.10391 of 2020) W.P.NO.11286 OF 2020 G.Sundarrajan ... Petitioner .Vs.
The Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi - 110 003.
... Respondent W.P.NO.12670 OF 2020 M.Chandrakumar ... Petitioner .Vs.
The Union of India, Rep. by its Secretary, Ministry of Environment, Forest and Climate Change, New Delhi - 110 003.
... Respondent COMMON PRAYER:- Petitions filed under Article 226 of the Constitution of India praying for the issuance of (i) a Writ of Mandamus to direct the 1st respondent to translate the draft EIA Notification 2020 issued vide S.O.1199 (E) dated 23.03.2020 in all Vernacular languages and to provide
sufficient opportunities by way of granting time to the general public in order to file their suggestions and objections with the respect to the translated EIA Notification 2020 (WP.No.10391 of 2020);
(ii) a Writ of Mandamus directing the respondent to conduct Taluk Level Public Consultation (Public Hearing) with Farmers, Land Owners, Environmentalist and Various Stakeholders in Vernacular language at every Taluk Across country after COVID -19 crisis is over to ensure widest possible Public Participation as per Procedures laid down for conduct of Public Hearing in office Memorandum No.J-15012/29 2010- 1A-II (M) dated 19.04.2010 of the respondent within stipulated time (WP.No.10759 of 2020); and (iii) a Writ of Mandamus directing the respondent Union of India to publish the translation of the Draft Notification bearing S.O.1199(E) dated 23.3.2020 issued by the respondent in Tamil and grant further time for a period of sixty days from the date of such publication for making objections or suggestions on the proposal contained in the said Draft Notification (WP.Nos.11286 & 12670 of 2020).
For Petitioners :
No appearance in W.P.Nos.10391 and 10759 of 2020 Mr.M.Radhakrishnan in W.P.Nos.11286 and 12670 of 2020 For Respondents :
Mr.A.Kumaraguru Senior Panel Counsel For Central Government For R1 in W.P.Nos.10759, 10391, 11286 and 12670 of 2020 Mrs.R.Anitha Special Government Pleader For State For R2 in W.P.No.10391 of 2020
COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) The writ petitions have been filed for a direction to conduct Taluk Level Public Consultation (Public Hearing) with farmers, land owners, environmentalist and various stakeholders in vernacular language at every Taluk across the country after Covid-19 crisis and for publication of the translation of the Draft Notification bearing S.O.1199(E) dated 23.03.2020 in Tamil and consequently, to grant further time to make objections or suggestions on the proposal contained in the Draft Notification.
2. Learned Senior Panel Counsel for Central Government submits that a notification has already been issued in the nature as prayed for by the petitioners and therefore, the grievance raised by the petitioners stand redressed. Accordingly, a prayer is made to dispose of the writ petitions holding it to be infructuous.
3. Learned counsel for the petitioners in W.P.Nos.11286 and 12670 of 2020 submitted that pursuant to the notification issued by the Government of India, the grievance raised by the petitioners stand redressed.
4. In view of the above, these writ petitions have become infructuous and accordingly, they are disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.12641, 13075, 13078, 13079 of 2020 are closed.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar kpl/drm To 1.
The Secretary, The Ministry of Environment, Forest and Climate Change (MoEF & CC), New Delhi - 110003.
2.
The Chief Secretary, The Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.
W.P.NOS.10759, 10391, 11286 & 12670 OF 2020 RP(CO) PBS/14/02/2022