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Madras High CourtWP/22567/2023disposed of

M/S.Sri Navaladiyan Engineers v. The Principal Secretary To Government

2023-08-03Honourable Mr Justice N. Seshasayee8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE M/s.Sri Navaladiyan Engineers, Represented by its Authorized Signatory, SPR.Venkataachalam, S/o.Sabarathinam, No.22/110, Greenways Road, Fairlands, Salem-636 016.

... Petitioner in W.P.No.22567 of 2023 M/s.Thriveni Earth Movers Pvt. Ltd., Represented by its Authorized Signatory, SPR.Venkataachalam, S/o.Sabarathinam, No.22/110, Greenways Road, Fairlands, Salem-636 016.

... Petitioner in W.P.No.22568 of 2023 M/s.Thriveni Earth Movers Pvt. Ltd., Represented by its Authorized Signatory, SPR.Venkataachalam, S/o.Sabarathinam, No.22/110, Greenways Road, 1/8

Fairlands, Salem-636 016.

... Petitioner in W.P.Nos.22568 and 22569 of 2023 P.Balasubramanian, S/o.Palanivel, Represented by his Power of Attorney, SPR.Venkataachalam, Plot No.65,D.No.120/3, First Main Road, New Fairlands, Salem-636 016.

... Petitioner in W.P.No.22570 of 2023 Vs.

1.The Principal Secretary to Government, Industrial Department, Tamil Nadu Government, Secretariate, Fort St.George, Chennai-600 009.

2.The Principal Secretary to Government, Environment and Forest Department, Tamil Nadu Government, Secretariate, Fort St.George, Chennai-600 009.

3.The Commissioner of Geology and Mining, Guindy, Chennai-600 032.

4.The State Level Environment Impact Assessment Authority, Rep. by its Member Secretary, 3rd Floor, Panagal Maligal, 2/8

No.1, Jeenis Road, Saidapet, Chennai-600 015.

5.The District Collector, Krishnagiri District, Krishnagiri.

6.The Deputy Director, Geology and Mining, Krishnagiri District.

Respondents in all W.Ps Prayer in W.P.No.22567 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent herein to process with the petitioner's online application dated 06.07.2023, acknowledged vide Letter No.SEIAA-TN/F.No.10190/2023, dated 08.07.2023, seeking for prior environment clearance for quarrying rough stone in an area of 5.00.0 Ha. situate at Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District, comprised in S.F.No.679/2 (Part-2), without insisting any 'No Objection Certificate' or prior approval/permission under the Forest Conservation Act, 1980 and further directing the 4th respondent to issue such environmental clearance. Prayer in W.P.No.

22568 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent herein to process with the petitioner's online application dated 04.07.2023, acknowledged vide Letter No.SEIAA-TN/F.No.10193/2023, dated 08.07.2023, seeking for prior environment clearance for quarrying rough stone in an area of 5.00.0 Ha.

District, comprised in S.F.No.679/2 (Part-3), without insisting any 'No Objection Certificate' or prior approval/permission under the Forest Conservation Act, 1980 and further directing the 4th respondent to issue such environmental clearance. Prayer in W.P.No.22569 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent herein to process with the petitioner's online application dated 05.07.2023, acknowledged vide Letter No.SEIAA-TN/F.No.10188/2023, dated 08.07.2023, seeking for prior environment clearance for quarrying rough stone in an area of 5.00.0 Ha. situate at Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District, comprised in S.F.No.

679/2 (Part-4), without insisting any 'No Objection Certificate' or prior approval/permission under the Forest Conservation Act, 1980 and further directing the 4th respondent to issue such environmental clearance. Prayer in W.P.No.22570 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent herein to process with the petitioner's online application dated 03.07.2023, acknowledged vide Letter No.SEIAA-TN/F.No.10192/2023, dated 08.07.2023, seeking for prior environment clearance for quarrying rough stone in an area of 5.00.0 Ha. situate at Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District, comprised in S.F.No.

679/2 (Part-5), without insisting any 'No Objection Certificate' or prior approval/permission under the Forest Conservation Act, 1980 and further directing the 4th respondent to issue such environmental clearance.

For Petitioners : Mr.N.C.Raja, Senior Counsel for S.Senthil in all W.Ps For Respondents : Mr.S.J.Mohamed Sathik Government Advocate for R1 to R3 in all W.Ps Mr.Venkatasamy Babu for R4 in all W.Ps COMMON ORDER The petitioners have applied for a quarry licence and have complied with all other formalities. They have made online applications for obtaining clearance from the 4th respondent and that is pending.

2.Mr.S.J.Mohamed Sathik, the learned Government Advocate takes notice for the respondents 1 to 3. Mr.Venkatasamy Babu, the learned counsel takes notice for the 4th respondent in all the petitions.

3.Mr.N.L.Raja, the learned Senior Counsel submits that the petitioners have made their investments and have also obtained the mining licence from the appropriate authority and their online applications for environmental clearance is 5/8

pending since 08.07.2023.

4.Mr.Venkatasamy Babu, the learned counsel for the 4th respondent has provided a time line for completing its clearance and it reads as below: "Timeline for Terms of Reference (ToR) ●Screening, Scoping, Appraisal & TOR-60 Days Timeline for Environment Clearance (EC) ●Appraisal - State Expert appraisal committee (SEAC) should be completed within 60 days from the date of receipt of Final EIA Report & Public Hearing report. ●SEAC after appraisal recommendations shall be placed before the competent authority State Environmental Impact Assessment Authority (SEIAA) within the next 15 days.

●SEIAA should furnish its decision within 30 days on the receipt of recommendation from SEAC.

Therefore, total EC process 105 days from the date of receipt of Final EIA Report & Public Hearing report." 5.Heard the learned counsel for the petitioners in this regard briefly. 6/8

6.Now, this Court approves the schedule provided by the 4th respondent for completing its assessment process.

7.This writ petition stands disposed of accordingly. No costs. 03.08.2023 Anu Index : Yes / No To 1.The Principal Secretary to Government, Industrial Department, Tamil Nadu Government, Secretariate, Fort St.George, Chennai-600 009.

2.The Principal Secretary to Government, Environment and Forest Department, Tamil Nadu Government, Secretariate, Fort St.George, Chennai-600 009.

3.The Commissioner of Geology and Mining, Guindy, Chennai-600 032.

7/8

N.SESHASAYEE, J.

Anu 4.The State Level Environment Impact Assessment Authority, Rep. by its Member Secretary, 3rd Floor, Panagal Maligal, No.1, Jeenis Road, Saidapet, Chennai-600 015.

5.The District Collector, Krishnagiri District, Krishnagiri.

6.The Deputy Director, Geology and Mining, Krishnagiri District.

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