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 provisions for violations of environmental laws.

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 Assessment Authority (SEIAA), Tamil Nadu for its Multi-storied Residential Complex Project to construct 412 Nos. of dwelling units in 51,020.61 sq.m of total build-up area comprising stilt + 4 floors of 12 blocks at S.No 384/6B, 10, 11, 12, 13, 18, 396/4B, 5C, 5D, 397/1, etc at No: 48, Okkiyam Thoraipakkam Village, Tambaram Taluk, Kanchipuram District.

4. Considering the extent of the land, number of dwelling units proposed and its build-up area, total water requirement, daily fresh water requirement and its source expected solid waste generation and sewage treatment plant proposed, the Environmental Clearance was accorded on 27/04/2009, subject to the strict compliance of terms and conditions mentioned in Part-A and Part-B of the said proceedings. Part-A of the Environmental Clearance list out specific conditions consisting of two parts, viz Construction Phase and Operation Phase. Part-B of the Environmental Clearance list out General Conditions. In the said proceedings, it is specifically stated that the request for Environmental Clearance is considered as per the procedure prescribed under Environment Impact Assessment Notification, 2006 and the project activity covered in 8(a) of the Schedule and it falls under B2-category.

5. Couple of years later, the 1st accused made another application to the State Level Environment Impact Assessment Authority (SEIAA) for Environment Clearance for its Phase-II project adjacent to the existing Phase-I project mentioned above i.e 412 Nos. of dwelling units in 12 blocks.

6. This application was for proposed construction of a Residential Building of 8 blocks of Stilt + 4 Floors consisting 396 dwelling units with expected occupancies – 2178 persons, in total build-up area of 48,115,.17 sq.m at S.No. 386/8 (386/1D2), 393/2C, (393/2), 3, 4, 394/1A, 1B, 1C, 1D, 1E, 1F1, 2A, 2B1, 2B2, 2C, 2D1, 2D2, 2E1, 2E2, 2E3, 3A, 3B1, 3B2, 395/1A2, (395/1A), 395/3B, (3B1, 3B2), 4, 5A, 5B, 6, 7, 8, 9, 10A, 10B (395/10), 11 396/6, (6A, 6B), 7 & 397/2(397 pt) of Okkiyam Thoraipakkam Village, Shollinganallur Taluk, Kancheepuram District.

7. Considering the expected daily fresh water requirement, source of water supply, expected sewage after treatment, projected solid waste generation and the commitment letter given by the proponent i.e, the petitioners, Environmental Clearance for the second project was granted on 01/04/2015 by SEIAA, subject to terms and conditions mentioned therein.

8. The petitioners after obtaining revised planning permission for constructing 1016 units in 21 blocks, without fresh EC, completed both the projects with 1016 dwelling units in 21 blocks. (13 blocks comprising 620 dwelling units as against Environmental Clearance for 412 units in the first project and 8 blocks with 396 dwelling units in the second project.

9. I