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G. JAYACHANDRAN
Jain Housing & Constructions Ltd. , (Presently M/s Jain Housing) Rep. by its Managing Director, Thiru. Sandeep Mehta, Chennai – Appellant
Versus
Tamil Nadu Pollution Control Board, Rep. by its District Environment Engineer, Kancheepuram – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in the complaint filed by the respondent in C.C.No.234 of 2019 on the file of the Chief Judicial Magistrate, Chengalpattu and quash the same.)
1. The 1st petitioner is a Firm involved in the construction of Multistoried residential Buildings. The 2nd petitioner is its Managing Director. The 3rd petitioner is the Power Agent and the 4th petitioner is its Power Agent – Manager.
2. The respondent/the Tamil Nadu Pollution Control Board has filed a complaint under Section 200 Cr.P.C against these petitioners to prosecute them under Section 25 of the Water (Prevention and Control of Pollution) Act 1974 (in short “ the Water Act”), Section 21 of the Air (Prevention and Control of Pollution) Act,1981 (in short “the Air Act”) and Section 19 of the Environment (Protection) Act, 1986 for offences punishable under Sections 44, 47 and 49 of the Water Act , Sections 37, 40, and 43 of Air Act and Section 15 and 16 of Environment( Protection) Act.
3. The sum and substance of the complaint:
The 1st accused Firm sought for Environmental Clearance (EC) from the State Environment Impact Ass
The main legal point established in the judgment is the requirement for fresh appraisal and prior clearance for changes in the scope of construction projects, as well as the applicability of penal pr....
The main legal point established in the judgment is that prosecution under the Environment (Protection) Act, 1986 may be considered an abuse of process of law if environmental clearance is granted af....
Environmental Compliance requires prior clearance for expansions, with violations subject to penalties and operational restrictions.
Stay on violation SOP does not permit operation of units installed without prior EC; proposals processible under pre-SOP law if prior valid EC existed, pending SC final orders.
EC under EIA 1994 valid sans revalidation if BUA/flats not exceeded; EDC for STP violation proportional to 5% project cost; residential projects exempt pollution consents; compliance via BG for waste....
Supreme Court stay on violation SOP permits processing EC expansions under pre-2021 law; operations continue pending final adjudication, with directions for compliance rectification and no immediate ....
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
Ex post facto environmental clearance permissible; educational institutions including medical colleges with hospitals exempted from prior clearance; prosecution quashed upon subsequent clearance and ....
The judgment emphasizes strict adherence to environmental regulations by project proponents, holding them accountable for non-compliance with necessary environmental clearances and consents, resultin....
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