Tamil Nadu Fly Ash Bricks And v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & M.P.No.1 of 2014 Tamil nadu Fly Ash Bricks and Block's Manufactures Association having their Head Office at 447/4, HIG Flats II main road, Anna Nagar Chennai-600 040 rep by its President Mr.D.S.Saravanan ... Petitioner Vs.

1. Union of India Rep. by its Deputy Director Ministry of Environment and Forest 146 Paryavaran Bhavan CGO Complex Lodhi Road New Delhi.

2 The Central Pollution Control Board Rep. by its Chairman Parivesh Bhavan CBD-cum-Office Complex East Arjun Nagar New Delhi-32.

3 The State of Tamil Nadu Rep. by its Secretary Environment and Forest Department Fort St. George Chennai-9.

4 The Tamil Nadu Pollution Control Board Rep. by its Regional Officer/ Director Anna Salai Guindy Ghennai-32.

5 The Government of Tamil Nadu Rep. by its Principal Secretary to Government Co-operation Food & Consumer Protection Department Fort St. George Chennai-9.

6 The Tamil Nadu Housing Board Rep. by its Managing Director 493 Anna Salai Nandanam Chennai-35.

7 The Executive Engineer Special Project Division II Nerkundram Project Tamil Nadu Housing Board Nandanam Chennai-35.

8 M/s.Indu Projects Ltd Having their Corporate Office at No.1009 Indu Fortune Fields 13th Phase KPHB Colony Hyderabad ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to make it mandatory the use of Fly Ash Bricks in the Nerkundram Project viz: the Construction of Multistoried Residential Flats (Basement + Stilt + 19 Floors) to house I.A.S and I.P.S Officers at Survey No.388 etc Nerkundram Chennai-107 interms of the Notification No.S.O: 763(E) dated 14.9.1999 as amended by amendment Notification No.S.O: 2804 (E) dated 3.11.2009 issued under Sub Section (1) read with Clause (v) of Sub-Section (2) of Section 3 and Section 5 of The Environment (Protection) Act 1986 (Central Act No.29 of 1986)

For Petitioner : Ms.B.Manjula For Respondents : Mr.J.Madhanagopal Rao, SPC for R1 Mrs.M.Swarnalatha, standing counsel for R2 Dr.T.Seenivasan Spl.GP (Forest) for R3 Mrs.Shanmugavalli Sekar for R4 Mr.V.Baranidharan, A.G.P for R5 Mr.D.Veerasekaran for R6 and 7

O R D E R

Writ petition is filed seeking a direction to the respondents to make it mandatory the use of Fly Ash Bricks in the Nerkundram Project viz: the Construction of Multistoried Residential Flats (Basement + Stilt + 19 Floors) to house I.A.S and I.P.S Officers at Survey No.388 etc Nerkundram Chennai-107 interms of the Notification No.S.O: 763(E) dated 14.9.1999 as amended by amendment Notification No.S.O: 2804 (E) dated 3.11.2009 issued under Sub Section (1) read with Clause (v) of Sub-Section (2) of Section 3 and Section 5 of The Environment (Protection) Act 1986 (Central Act No.29 of 1986).

2. Learned counsel appearing for the petitioner submits that the matter has become infructuous.

3. Recording the statement made by the learned counsel for the petitioner, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed. 10.10.2022 (2/3) kpr Internet:Yes Speaking/Non speaking order

To

1. The Deputy Director Ministry of Environment and Forest Union of India,146 Paryavaran Bhavan CGO Complex Lodhi Road New Delhi.

2 The Chairman Central Pollution Control Board Parivesh Bhavan CBD-cum-Office Complex East Arjun Nagar New Delhi-32.

3 The Secretary State of Tamil Nadu Environment and Forest Department Fort St. George Chennai-9.

4 The Regional Officer/ Director Tamil Nadu Pollution Control Board Anna Salai Guindy Ghennai-32.

5 The Principal Secretary to Government Government of Tamil Nadu Co-operation Food & Consumer Protection Department Fort St. George Chennai-9.

6 The Managing Director Tamil Nadu Housing Board 493 Anna Salai Nandanam Chennai-35.

7 The Executive Engineer Special Project Division II Nerkundram Project Tamil Nadu Housing Board Nandanam Chennai-35.

N. SATHISH KUMAR, J.

kpr & M.P.No.1 of 2014 10.10.2022