A.Marx v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Marx .. Petitioner Vs 1 Union of India Rep. by Secretary to Government Ministry of Petroleum and Natural Gas New Delhi 2 Union of India Rep. by Secretary to Government Ministry of Agriculture New Delhi 3 Director General of Hydro Carbons Ministry of Pertroleum and Natural Gas OIDB Bhawan, Plot No.2, Sector 73 Noida - 201 301 4 The State of Tamil Nadu Rep. by Chief Secretary to Government
5 The State of Tamil Nadu Rep. by Secretary to Government Industries Department 6 Oil and Natural Gas Corporation Limited Rep. by its Basin Manager Cauvery Basin ONGC Thalamuthu Natarajan Bldg (CMDA Tower-I) No.1 Gandhi Irwin Road Egmore, Chennai - 600 008 7 M/s.Vedanta Ltd.
1st Floor C Wing Unit 103 Corporate Avenue Andheri East Chakala, Mumbai Maharashtra - 400 093 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of Indiaseeking issuance of a writ of mandamus forbearing the respondents 1 to 7 and their men from implementing the hydrocarbon exploration and production project in any form and in any manner in the Cauvery delta area and the Cauvery river basin in Tamil Nadu. For the Petitioner : No appearance For the Respondents : Mr.T.V.Krishnamachari SPC for respondents 1 and 3 : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for respondents 4 and 5 : Mr.Bal.C.Char Ananth for M/s.AAV Partners for respondent No.6
: Mr.Rahul Balaji for respondent No.7 : R2 - No appearance
ORDER
(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner. Heard Mr.T.V.Krishnamachari, learned Senior Panel Counsel for respondents 1 and 3; Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate, for respondents 4 and 5; Mr.Bal. C.Char Ananth, learned counsel for M/s.AAV Partners, learned counsel for respondent No.6; and Mr.Rahul Balaji, learned counsel for respondent No.7.
2. On the last date, adjournment was sought on behalf of the petitioner. Today, none appears for the petitioner.
3. A memo is filed by respondents 1 and 3 along with a copy of the email received by the learned counsel. The same reads thus: "So far 6 E&P blocks have been awarded in the Tamil
Nadu State and Exploration activities have not yet commenced in the awarded area. To commence the exploration activities in the area it is mandatory to obtain Petroleum Exploration Licence from the Tamil Nadu Government. Since the Government has not granted License so far, no exploration activities are being carried out in the area. Moreover, Tamil Nadu Government has enacted the Tamil Nadu Protected Agricultural Zone Development Act, 2020 which prohibits Exploration, drilling and extraction of oil and natural gas in the protected agriculture zone."
4. Learned State Government Pleader submits that a High Level Expert Technical Committee has submitted its report on 17.2.2022 and the same is under consideration of the government.
5. As on today, no new licence for exploration of hydro-carbon in the Cauvery delta area and the Cauvery river basin is granted and the same is still under consideration.
6. In view of that, no orders are required to be passed in the writ petition.
The writ petition stands disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.29284 of 2019 is closed.
(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index :
Yes/No Yes/No sasi To 1 The Secretary to Government Union of India Ministry of Petroleum and Natural Gas New Delhi 2 The Secretary to Government Union of India Ministry of Agriculture New Delhi 3 Director General of Hydro Carbons Ministry of Pertroleum and Natural Gas OIDB Bhawan, Plot No.2, Sector 73 Noida - 201 301 4 The Chief Secretary to Government State of Tamil Nadu 5 The Secretary to Government State of Tamil Nadu Industries Department
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 08.02.2024