JUDGMENT :

K.M. JOSEPH, J.

1. The Appeals are lodged under Section 22 of the National Green Tribunal Act, 2010.

C.A. NO. 3626 OF 2020 (THE FIRST APPEAL)

2. The appellant challenges the Order passed by the National Green Tribunal (NGT), Southern Zone. By the impugned Order, the NGT has allowed the appeal filed by Respondent No.5 and set aside proceedings dated 08.03.2019. By the said proceedings, Respondent No.1 had granted ex post facto clearance purporting to invoke paragraph-4.3 of the Notification issued in the year 2011 (hereinafter referred to as, ‘the 2011 Notification’) under the Environment Protection Act, 1986 (hereinafter referred to as, ‘the Act’). By the said clearance, the appellant was given clearance for the laying of pipeline for transfer of edible oil from the Chennai Port to the storage terminal tank and for the establishment of the storage transit terminal of the appellant. The NGT has found that while the ex post facto clearance could be granted under paragraph-4.3, and that it would have prospective operation, however, the activity of putting up a storage tank transit terminal, being contrary to the 2011 Notification, the same was illegal. It was found to be illeg