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2023 Supreme(Mad) 1981
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. KRISHNAKUMAR, P. DHANABAL, JJ.
The Executive Engineer, Public Works Department, Mining & Monitoring Division, Water Resources Department, Trichirapalli. – Appellant
Versus
T. Saravanakumar & Another – Respondents
W.P. No. 17725 of 2023 & WMP. No. 16820 of 2023
Decided On : 23-06-2023
For the Petitioners:P.S. Raman, Senior Standing Counsel assisted by P. Muthu Kumar, State Government Pleader. For the Respondents: R1, A. Yogeshwaran for AR. L. Sundaresan, Assistant Solicitor General, for R2, V. Chandrasekaran, Senior Panel Counsel.
The central legal point established in the judgment is the importance of affording sufficient opportunity to parties and avoiding violation of principles of natural justice in passing interim orders.
Headnote:
Writ Petition - Environmental Clearance - EIA Notification, 2006 - National Green Tribunal Act, 2010 - [EIA Notification, 2006, Sections 14, 15, 18(1) of the National Green Tribunal Act, 2010] - The court discussed the Environmental Clearance (EC) granted to the petitioner for quarry operations, the conditions imposed, and the subsequent amendments and extensions. The court highlighted the issue of using poclains for quarrying operations and the interim order passed by the National Green Tribunal restraining the use of poclains. The legal provisions of the EIA Notification, 2006 and the National Green Tribunal Act, 2010 influenced the court's decision to modify the interim order and provide directions for reconsideration by the Tribunal.
Fact of the Case:
The petitioner obtained Environmental Clearance (EC) for quarry operations and subsequent amendments and extensions. The National Green Tribunal issued an interim order restraining the use of poclains for quarrying operations, leading to the filing of the writ petition.
Finding of the Court:
The court found that the National Green Tribunal's interim order was passed without affording sufficient opportunity to the petitioner to represent their case, violating principles of natural justice. The court directed the Tribunal to reconsider and pass appropriate interim orders after providing sufficient opportunity to the parties.
Issues: Violation of principles of natural justice in passing the interim order restraining the use of poclains for quarrying operations.
Ratio Decidendi: The court's decision was influenced by the violation of principles of natural justice and the need to afford sufficient opportunity to the parties before passing interim orders.
Final Decision: The writ petition stands partly allowed with directions for the Tribunal to reconsider and pass appropriate interim orders after affording sufficient opportunity to the parties.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records in respect of the order dated 31.05.2023 passed in Original Application No.77 of 2023 (SZ) by the National Green Tribunal, Southern Zone, Chennai and quash the same.)
D. Krishnakumar, J.
1. By consent of both sides, this Writ Petition is taken up for final disposal. Challenge in this writ petition is to the order passed by the National Green Tribunal, Southern Zone, Chennai dated 31.05.2023 in Original Application No.77 of 2023 (SZ).
2. The case of the petitioner is that the petitioner, being a project proponent, had proposed to quarry river sand in Cauvery River and identified an area measuring 16.18 Ha comprised in S.F.No.643/1 (P) of Oruvanthoor Village, Namakkal Taluk, Namakkal District and sent a proposal seeking new quary outlet to the District Collector, vide letter dated 17.12.2015. Pursuant to the above proposal, joint field inspection was conducted by various authorities concerned as to the technical visibility and feasibility of quarrying of sand and recommended for grant of permission for opening of new sand quarry in the subject area. Based on the recommendations and in compliance of the EIA Notification, 2006 and its amendments, the petitioner applied for Environmental Clearance for the subject quarry under B2 category, vide proposal dated 22.02.2016.
3. The above proposal was placed before the 79th SEAC (State Level Expert Appraisal Committee) meeting held on 08.08.2016, wherein the application and other supporting documents were appraised by the experts and recommended for grant of EC to SEIAA. The recommendation of SEAC was placed before the 503rd SEIAA meeting held on 10.08.2016 and granted EC for the subject quarry in favour of the petitioner with various general and specific conditions. In the said EC, it was permitted to use two poclains for excavation of sane. The relevant condition reads as follows:
"5. Specific Conditions:
....
iv ...... The Project Proponent is restricted to use judicious use of minimum number of poclains and not more than two poclains in the project site till the expiry of lease period or excavation of approved quantity whichever is earlier.
v. Loading and use of poclains, transport of sand shall not be entertained between 7.00 pm to 5.00 a.m.
vi. The project proponent is allowed to engage lorries or tippers to transport the sand."
4. In compliance of the conditions imposed in the EC dated 10.08.2016, the petitioner obtained necessary consents from the Tamil Nadu Pollution Control Board under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 on 05.01.2017. The District Collector, Namakkal vide proceedings dated 12.03.2017 has granted permission to operate the subject quarry. After the receipt of all the permissions / approvals / clearances from competent authorities and in compliance of the conditions imposed therein, the petitioner commenced its quarry operation on 16.06.2017.
5. In the meantime, based on Sand Mining Guidelines 2016, the Government of Tamil Nadu issued G.O.Ms.No.21 dated 02.06.2017, wherein it was directed that the Public Works Department may move SEIAA on case to case basis to permit more number of poclains for sand quarries. The petitioner had applied for modified proposal to SEIAA on 26.07.2017 and the same was placed before the 93rd SEAC meeting held on 12.08.2017 and the Committee directed the petitioner to submit comprehensive report, which was complied with by the petitioner and made a presentation on 12.08.2017. Subsequently, SEAC recommended the amendment with respect to usage of 4 poclans in the subject quarry. The above proposal was placed before the 241st SEIAA Meeting held on 09.10.2017 and the amended EC dated 10.08.2016 which is valid upto 09.08.2018.
6. In the m
