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T. RAJA, D. BHARATHA CHAKRAVARTHY
UltraTech Cement Limited, (Unit : Reddipalayam Cement Works) Rep. by its Unit Finance and Commercial Head,Purna Chandra Samantaray, Ariyalur – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, pleased to set aside the order dated 21.12.2022 passed in W.P.No.21720 of 2012 and quash the impugned order dated 24.02.2012 in G.O.No.66 of 2012 passed by the first Respondent herein and consequently direct the Respondents to grant long term lease or assignment of the said lands in favour of the Appellant Company.)
D. Bharatha Chakravarthy, J.
1. This Writ Appeal is directed against the order of the learned Single Judge, dated 21.12.2022, in and by which, the Writ Petition filed by the appellant with the prayer seeking to quash the G.O.No.66 of 2012 (Revenue N.M.2(2) Dept.) passed by the first respondent, thereby, refusing to renew the lease of the lands ad-measuring an extent of 12.42 Hectares.
2. The brief facts leading to the filing of the Writ Appeal is that the petitioner is a Company incorporated under the Companies Act, 2013. It is in the business of manufacturing cement. The predecessor of the petitioner Company namely, M/s.Dharani Cements Limited had established its cement manufacturing facility at Reddipalayam Village, Ariyalur Taluk and District in its own patta lands. While so, to expand the capaci
The main legal point established in the judgment is the application of the public trust doctrine, sustainable development principles, and environmental protection laws in refusing the lease renewal f....
The duty of the government to protect and improve the natural environment, including water bodies, and the need to restore the land to its original position to serve as a water source for the people.
Point of law : water bodies cannot be alienated even if they are dry and cultivation carried on dried bed of water bodies does not denude land of its character as water bodies.
The court emphasized the Public Trust Doctrine, ruling that wetlands must be protected from alienation for private use, reaffirming their importance for public benefit and environmental sustainabilit....
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
The main legal point established in the judgment is that disputed questions of fact relating to title and possession should be decided by the competent civil court, and the power of judicial review i....
Pending civil partition suits do not bar environmental restoration of protected wetlands; State must prioritize ecological conservation over private property disputes, restoring filled water bodies d....
The main legal point established in the judgment is that the decision to allocate land for setting up a cement plant should be based on factual findings and spot inspection reports, rather than relyi....
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