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2010 Supreme(SC) 218

R.M.LODHA, B.S.CHAUHAN, K.G.BALAKRISHNAN
M. Nizamudeen – Appellant
Versus
Chemplast Sanmar Limited – Respondent


Advocates Appeared:
Parag P. Tripathi, ASG, Ranjit Kumar, Vikas Singh, Dr. Rajeev Dhawan, R. Balasubramanian, K.K. Venugopal, Vijay Narayan, Altaf Ahmed, R.F. Nariman, Sr. Advs., V. Balaji, Narendra Kumar, Abhishek Anand, C. Kannan, Parvesh Thakur (for Rakesh K. Sharma), Aman Ahluwalia, Kunal Bahri, Shreekant N. Terdal, K. V. Mohan, K. V. Balakrishnan, Gopal Sankaranarayanan, R. Nedumaran, T. Harish Kumar, P. Prasanth, V. Vasudevan, Ms. Sushma Manchanda, and Senthil Jagadeesan (N.P.), Advocates, with them, for the appearing parties.

JUDGEMENT

R.M. Lodha, J. —

Leave granted in SLP (Civil) No. 7101 of 2009.

2. In this group of five matters before us, civil appeal is directed against the judgment of Madras High Court passed on October 31, 2008 whereby a writ petition in the nature of Public Interest Litigation (PIL) filed by the appellant - M. Nizamudeen - has been dismissed. Out of the other four matters; one is a writ petition being W.P. (C) No. 130 of 2009 preferred directly before this Court under Article 32 of the Constitution while the other three matters are transfer petitions seeking transfer of Writ Petition nos. 37043 of 2006, 8125 of 2007 and 23122 of 2007 filed before the Madras High Court.

3. M/s. Chemplast Sanmar Limited (for short, ‘Chemplast’) proposed to set up a project for manufacturing Poly-Vinyl Chloride (PVC) at Semmankuppam village, SIPCOT Industrial Complex, Phase-II, Cuddalore District (Tamil Nadu). An Environmental Impact Assessment Report (EIA) as well as Risk Analysis Report (RA) for the proposed PVC project was obtained by Chemplast and, then, they made proposal (vide application dated May 27, 2002) to the concerned authorities for setting up the said project. The feasibility of the









































































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