R.Sankar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA and W.M.P.No.30080 of 2023 R.Sankar S/o Raju .... Petitioner vs
1. The Chairman, Tamil Nadu Pollution Control board, No.76 Mount Salai, Guindy, Chennai - 600 0032.
2. State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai - 15.03.2023
3. The District Collector, Salem District, Salem.
4. The Deputy Director, Department of Geology and Mining, Salem .... Respondents Page 1/7
Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 4th respondent to permit the petitioner herein to carry on quarrying operation in the land 1.00.00 Hectare, comprised in Survey No.345 (Part), Gundukkal Village, Kadayampatti Taluk, Salem District, by issuing necessary transport permits until the date of expiry of environmental clearance obtained from the District Level Environment impact Assessment Authority vide Lr.No.DEIAA-DIA/TN/MIN/18538/2018SLM-E.C.No.47/2018 dated 05.12.2018 i.e., 08.03.2024 without insisting environmental clearance appraised by SEIAA.
For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel for Mr.P.S.Prabu For Respondents : Mrs.Shanmugavallisekar, Standing Counsel for R1 Mr.K.Srinivasamoorthy, Standing Counsel for R2 Mrs.Mythreye Chandru, Special Government Pleader for R3 & R4
ORDER
(Order of the Court was made by J.NISHA BANU, J.,) This Writ Petition has been filed to issue a Writ of Mandamus to direct the 4th respondent to permit the petitioner herein to carry on quarrying operation in the land 1.00.00 Hectare, comprised in Survey No.345 (Part), Gundukkal Village, Kadayampatti Taluk, Salem District, by issuing necessary transport permits until the date of expiry of environmental clearance obtained Page 2/7
from the District Level Environment impact Assessment Authority vide Lr.No.DEIAA-DIA/TN/MIN/18538/2018-SLM-E.C.No.47/2018 dated 05.12.2018 i.e., 08.03.2024 without insisting environmental clearance appraised by SEIAA.
2. The petitioner was granted quarry lease on 09.03.2019 and the same was granted for a period of five (5) years from 09.03.2019 to 08.03.2024. The Environmental clearance for the said project was granted by the District Level Environment Impact Assessment Authority (DEIAA) for a period of 5 years from the date of execution of the Quarry Lease Agreement. Therefore, the clearance granted to the petitioner is valid upto 08.03.2024. 3.The petitioner submitted his application for consent to operate under The Air ( Prevention and Control of Pollution) Act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974 and the same came to be granted by the 1st respondent vide Proceedings dated 13.04.2019 and the same is valid till 04.12.2023. In the meantime, the DEIAA was abolished and the power was vested with the State Environmental Impact Assessment Authority. An order was passed by the National Green Tribunal in O.A.No.142 of 2022 directing all clearances given by DEIAA to be re-appraised by SEAC/SEIAA. This order was passed on 07.12.2022.
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4.On account of the fact the re-appraisal was not done by the SEIAA, clearance was not given. Hence the present Writ Petition.
5. On the above submissions, Mr.K.Srinivasamoorthy, learned Central Government Standing Counsel appearing for the SEIAA submits that it will take minimum period of three (3) weeks for re-appraisal. He would further submit that the petitioner has to apply for re-appraisal well within the time, along with the hard copy of the application which has not been done by the petitioner till date.
6. In the facts and circumstances of the case and considering the submission of the petitioner that the 4th respondent refused to issue transport permit for the petitioner's quarry despite holding a valid Environment Clearance as on date and necessary Consent to Operate from the 1st respondent and also taking into consideration that the environment clearance period expires on 08.03.2024, we permit the petitioner to quarry till 08.03.2024, for which, he has a valid consent from the Pollution Control Board as well as from DEIAA. We make it clear that all the conditions stipulated by the Pollution Control Board and DEIAA must be strictly complied with. In the meantime, the petitioner has to apply for re-appraisal before the SEIAA with all relevant documents, within a period of two weeks Page 4/7
from the date of receipt of a copy of this order.
7. If the petitioner applies for extension of lease, this order will not enure in his favour, for its co-terminus with the DEIAA approval i.e. till 08.03.2024. The petitioner will not be entitled to quarry after the said date without clearance from the Pollution Control Board and SEIAA and a valid lease.
8. This writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B., J.) (N.M., J.) 19.10.2023 vsi Index : Yes / No Internet : Yes / No To
1. The Chairman, Tamil Nadu Pollution Control Board, No.76 Mount Salai, Guindy, Chennai - 600 0032.
2. State Environment Impact Assessment Authority, No.9, Jeenis Road, Saidapet, Chennai - 15.03.2023 Page 5/7
3. The District Collector, Salem District, Salem.
4. The Deputy Director, Department of geology and Mining, Salem.
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J. NISHA BANU, J.
and N.MALA, J.
vsi 19.10.2023 Page 7/7