S.Gnaneswaran v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22..04..2015 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM W.P.No.24257 of 2009 and M.P.No.1 of 2009 1.S.Gnaneswaran .. Petitioner versus 1.The Union of India represented by its Secretary Ministry of Environment and Forests, New Delhi -1.
2.The State of Tamilnadu represented by its Secretary, Environment and Forests Department, Fort, Chennai 600 032.
3. The Pollution Control Board represented by its Chairman Guindy, Chennai 600 032.
4a. Tamil Nadu Industrial Development Corporation Ltd., represented by its Chairman.
4b. Tamil Nadu Iron Ore Mining Corporation Ltd (TIMCO), represented by its Chairman 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008. 5.Jindal Vijaynagar Steel Ltd., represented by its Manager 560, Anna Salai, Chennai 600 018.
Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, forbearing the Respondent Nos.1 to 3 to grant any permission to fourth and fifth respondents from carrying out any mining operation and the felling of 2,22,397 trees of spontaneous growth in 325 hectares of reserved forest in Thiruvannamalai District and also from carrying out any mining operation in the 638 hactares of reserved forest in Salem District.
For Petitioners ::: Mr.S.Gnaneswaran (Party-in-person) For Respondent ::: Mr.Su.Srinivasan ASG for R.1 Mr.M.K.Subramanian Special Government Pleader for R.2 Ms.Rita Chandrasekaran for R.3 Mr.M.Vijayan for King and Patridge for R.4 Mr.Karthick Seshadri for R.5
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner through this PIL, seeks restraint against the 4th and 5th respondents, from carrying out any mining operations and the felling of 2,22,397 trees of spontaneous growth in 325 hectares of reserved forest in Thiruvannamalai District as well as 638 hectares of reserved forest in Salem District.
2. The 5th respondent has filed the counter affidavit in the following terms:
"7.The above para makes it clear that the 4th respondent has been complying with the law applicable and the applications I.A.No.2155 of 2007 and I.A.No.2156 of 2007 filed by the 4th respondent are pending decision before the Hon'ble Supreme Court of India. Neither the 4th respondent nor the 5th respondent have commenced any operations in respect of the mining in the Kanjamalai Reserved Forest area or in Kavuthimalai Reserved Forest Area and are awaiting clearance from the Hon'ble Supreme Court of India and Ministry of Forest, Government of India. 8.It is humbly submitted that since the applications I.A.Nos.2155 and 2156 of 2007 are pending in the Hon'ble Supreme Court of India, it would be apt for the petitioner to raise any disputes relating to the grant of approval for carrying on mining operations and pelletization projects in
Kanjamalai in Salem District and in Tiruvannamalai District by impleading himself in the Writ Petition (Civil) No.202 of 1995 in T.V.Godavarman vs. Union of India rather than raising disputes before this Hon'ble Court.
9.Further as mentioned earlier the 4th respondent has not commenced any mining or pelletization operation in the Reserved areas of Kanjamalai or Thiruvannamalai. The 4th respondent and the 5th respondents would strictly abide by the orders/directions of the Hon'ble Supreme Court of India. The petitioner by filing this petition is only trying to pre-empt an act by the 4th or 5th respondents which is pending before the Hon'ble Supreme Court."
3.We are informed that respondent No.4-b is the joint venture of Respondent No.4-a and Respondent No.5. The allegation of the petitioner is that all that is happening is at the behest of the 5th respondent, which is a private party.
4. In view of the aforesaid statements made in the counter affidavit by the learned counsel appearing for the 4th and 5th respondents, nothing will be done contrary to the same and they will await the verdict of the Hon'ble Supreme Court. This implies neither mining nor cutting of the trees would be carried out in the area and that would be subject to the outcome of the proceedings before the Hon'ble Supreme Court.
5. The writ petition accordingly stands disposed of. No costs. Consequently, M.P.No.1 of 2009 is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr To 1.The Secretary, Union of India, Ministry of Environment and Forests, New Delhi -1.
2.The Secretary to Tamilnadu Environment and Forests Department, Fort, Chennai 600 032.
3. The Chairman, Pollution Control Board, Guindy, Chennai 600 032.
4a. The Chairman, Tamil Nadu Industrial Development Corporation Ltd. 4b. The Chairman, Tamil Nadu Iron Ore Mining Corporation Ltd, (TIMCO), 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai 600 008. 1 cc to Government Pleader,Sr.No22113 1 cc to Mr..S.Gnaneswaran ,Advocate, SR.No.21942 1 cc to Ms.Rita Chandrasekaran ,Advocate, SR.No.22267 1 cc to M/s. King and Patridge,Advocate, SR.No.21992 1 cc to Mr.H.Karthik Seshadri ,Advocate, SR.No.22117 1 cc to Spl. Government Pleader,Sr.No22014 W.P.No.24257 of 2009 km(co) pmk.8.5.2015