SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Mad) 2291

Madurai Bench of Madras High Court
V. RAMASUBRAMANIAN & V.M. VELUMANI, JJ.
Kollidam Aaru Pathukappu Nala Sangam rep. by its President R. Subramanian & Others
Versus
The Union of India, rep. by its Secretary to Government, Ministry of Environment & Forests, New Delhi & Others
Writ Petition (MD) No.7146 of 2014 Writ Petition (MD) No.7147 to 7157, 7767 to 7772 of 2014, 9265 & 9654 of 2012, 16789 of 2013 & 9153 of 2014 & M.P.(MD) Nos.3 & 3 of 2014 respectively in WP.Nos.7146 & 7147 of 2014 & all other connected pending MPs.
Decided on: 06-08-2014

Advocates Appeared:
T. Mohan for Renga Nandakumar, U. Nirmala Rani, A.L. Somayaji, Advocate General assisted by S. Abdul Saleem, A. Baskarapandian, AGP, K.K. Senthilvelan, ASG for Central Government, R. Muthukumarasamy, SC for S. Sethuraman for State Level Environment Impact Assessment Authority, M. Subash Babu, V. Karuna, Advocates.

Headnote:

Writ petitions challenging the validity of orders passed by the Southern Regional Bench of the National Green Tribunal, which disposed of appeals filed against environmental clearances granted by the State Level Environment Impact Assessment Authority (SEIAA) for sand mining in river beds.

Fact of the Case:

The petitioners, environmentalists and farmers' associations, challenged the environmental clearances granted by the SEIAA to the Public Works Department (PWD) of the State Government for sand mining in river beds. The clearances were granted on the basis of ad hoc guidelines framed by the SEIAA, which were later found to be contrary to the Notification on Environmental Impact Assessment (EIA) issued by the Ministry of Environment and Forests (MoEF). The National Green Tribunal, on appeal, allowed the State Government to continue sand mining for a period of six months, subject to obtaining fresh environmental clearances in accordance with the revised guidelines issued by the MoEF.

Finding of the Court:

The High Court held that the environmental clearances granted by the SEIAA were contrary to law and ultra vires the EIA Notification. The Court found that the SEIAA had exceeded its powers by framing ad hoc guidelines that were not in accordance with the Notification and that the clearances granted on the basis of these guidelines were illegal. The Court also held that the National Green Tribunal erred in allowing the State Government to continue sand mining for a period of six months, as it had no jurisdiction to do so.

Issues: 1. Whether the environmental clearances granted by the SEIAA were valid and in accordance with the EIA Notification? 2. Whether the National Green Tribunal had the jurisdiction to allow the State Government to continue sand mining for a period of six months?

Ratio Decidendi: 1. The Court held that the environmental clearances granted by the SEIAA were contrary to law and ultra vires the EIA Notification. The Court found that the SEIAA had exceeded its powers by framing ad hoc guidelines that were not in accordance with the Notification and that the clearances granted on the basis of these guidelines were illegal. 2. The Court held that the National Green Tribunal erred in allowing the State Government to continue sand mining for a period of six months, as it had no jurisdiction to do so.

Final Decision: The Court dismissed the writ petitions, holding that the environmental clearances granted by the SEIAA were contrary to law and ultra vires the EIA Notification. The Court also held that the National Green Tribunal erred in allowing the State Government to continue sand mining for a period of six months, as it had no jurisdiction to do so. The Court further dismissed the petitions for impleading filed by the Tamil Nadu Sand Lorry Owners Federation and one M. Anand, holding that they were neither necessary nor proper parties to the proceedings.

Order

V. Ramasubramanian, J.

All these writ petitions question the correctness of the orders passed by the Southern Regional Bench of the National Green Tribunal dated 24.2.2014.

2. We have heard Mr. T. Mohan and Mrs. U. Nirmala Rani, learned counsel appearing for the petitioners, Mr. A.L. Somayaji, learned Advocate General appearing for the State, Mr. R. Muthukumarasamy, learned Senior Counsel appearing for the State Level Environment Impact Assessment Authority (hereinafter referred to as the SEIAA), Mr. K.K. Senthilvelan, learned Assistant Solicitor General appearing for the Union of India and Mr. M. Subash Babu and Mr. V. Karuna learned counsel appearing for the parties, who seek to implead themselves in the writ petitions.

3. After intensive quarrying in the volumes and volumes of papers filed before us, the factual matrix unearthed could be summarized as follows :

(a) In exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government issued The Environment Impact Assessment (hereinafter referred to as the EIA) Notification, on 14.9.2006, directing that on and from the date of its publication, the construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the notification entailing capacity addition with change in process and or technology, shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification.

(b) On 27.2.2012, the Supreme Court passed an order in Deepak Kumar and Others Vs. State of Haryana & Others [2012 (4) SCC 629] holding that leases of minor minerals as well as their renewal, be granted by the States/Union Territories in certain cases only after getting environmental clearance.

(c) On 3.8.2012, this Court passed an order in a batch of cases in W.P. No.4699 of 2012 etc., mandating environmental clearance before commencement of sand mining. The SEIAA was also directed to pass orders within 2 months on the project proposal of the Public Works Department of the State Government.

(d) Therefore, on 28.8.2012, a joint meeting was convened between the SEIAA and the State Experts Appraisal Committee on formulation of interim guidelines.

(e) Thereafter, the SEIAA filed a petition for extension of time for processing the proposal of the PWD. However, it was not effectively pursued.

(f) But on 27.09.2012, the SEIAA issued a set of adhoc interim guidelines for processing applications/project proposals, till the MOEF issued revised guidelines. On the basis of those guidelines, the SEIAA also granted Environmental Clearances to the Public Works Department of the State of Tamilnadu on 30-11-2012 valid for a period of 5 years.

(g) Consequently, the review applications filed by the Government before this court, seeking a review of the order dated 3-8-2012 were dismissed on 12.12.2012 and the copies of the environment clearances were handed over to the concerned writ petitioners.

(h) Challenging the said environment clearances, appeals were filed before the National Green Tribunal, South Zone at Chennai in February 2013.

(i) During the pendency of the appeals, the Ministry of Environment and Forests (hereinafter referred to as the MoEF) issued revised guidelines on 24.12.2013 on sub-categorisation of B projects.

(j) On 24.2.2014, the National Green Tribunal, Southern Regional Bench disposed of all the appeals holding that after the issue of the revised guidelines by the MoEF, the Public Works Department of the State has to get clearance only under those guidelines and th







































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top