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2023 Supreme(SC) 127

M. R. SHAH, C. T. RAVIKUMAR
IL&FS Tamil Nadu Power Company Limited – Appellant
Versus
T. Muruganandam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Piyush Joshi, Adv. Mr. Senthil Jagadeesan, AOR Ms. Sumiti Yadava, Adv. Ms. Sonakshi Malhan, Adv. Ms. Vatsla Bhatia, Adv.
For the Respondent(s): Ms. Srishti Agnihotri, AOR Ms. Sanjana Grace Thomas, Adv. Ms. Itisha Awasthi, Adv. Ms. Mantika Vohra, Adv. Mr. Tushar Mehta, SG Ms. Aishwarya Bhati, ASG Ms. Suhasini Sen, Adv. Mr. Shiv Mangal Sharma, Adv. Ms. Shivika Mehra, Adv. Ms. B.L.N. Shivani, Adv. Mr. Gurmeet Singh Makker, AOR Mr. Amit Anand Tiwari, A.A.G. Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv. Ms. Devyani Gupta, Adv. Ms. Tanvi Anand, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.05.2012 in Appeal No. 17/2011 and judgment and order dated 10.11.2014 in Appeal No. 50/2012 passed by the National Green Tribunal (Principal Bench), New Delhi (hereinafter referred to as the ‘NGT’), M/s IL&FS Tamil Nadu Power Company Limited has preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under:

The appellant herein has been incorporated in the year 2006 to implement the Project for establishing a 2x600 MW and 3x800 MW (aggregating to 3600 MW) imported coal based thermal power plant at village Kottatai, Ariyagoshti, Villianallur and Silambimangalam in Chidambram Taluk, District Cuddalore, Tamil Nadu. Now the appellant company is under the control of Government of India. The appellant submitted Form I under EIA Notification, 2006 to obtain Terms of Reference for the EIA study on 5.2.2008. The Terms of Reference approval letter was issued by the Ministry of Environment, Forest and Climate Change (hereinafter referred to as the ‘MoEF’) on 9.7.2008. Public hearing was carried out for the project on 5.2.2010. The appellant completed t


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