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N. SATHISH KUMAR
TRIL Info Park Limited, Rep. by its Authorised Signatory Senthil Kumar, Taramani, Chennai – Appellant
Versus
Tamil Nadu Pollution Control Board, Rep. by Thiru R. Umaiyakunjaram District Environmental Engineer, Arumbakkam, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Section 482 of Cr.P.C.to call for the entire records in C.C.No.3249 of 2021 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.)
1. This petition has been filed to quash the prosecution in CC.No.3249 of 2021 for the offence under Section 15 r/w 16 and 19(a) of the Environment (Protection) Act, 1986, pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.
2. The crux of the allegations found in the complaint is as follows:
2.a. The 1st Accused is running a company in the name of M/s.TRIL Infopark Limited and is involved in the construction of IT Park. The 2nd Accused is the Executive Director and Chief Executive Officer of the 1st Accused Company and he is directly in charge and responsible to the 1st Accused Company.
2.b. In the course of the business, the 1st Accused company has undergone expansion and change in product mix at M/s.TRIL Info Park Limited for its IT park of more than 20,000 sq.metres. Environmental Impact Assessment Notification 2006 [EIA] issued b
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....
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 complaint under the Environment (Protection) Act can be filed by authorized officers of the State Pollution Control Board, and the absence of explicit authorization resolution does not invalidate....
Criminal proceedings for violation of environmental clearance requirements under the Environment (Protection) Act, 1986, are liable to be quashed once a post-construction environmental clearance has ....
Ex post facto environmental clearance permissible; educational institutions including medical colleges with hospitals exempted from prior clearance; prosecution quashed upon subsequent clearance and ....
All mining operations require Environmental Clearance post-15.01.2016, and the Jan Vishwas Act does not retroactively decriminalize past violations of the Environment (Protection) Act.
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