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G. JAYACHANDRAN
Chettinad Cement Corporation Pvt Limited – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
ORDER :
G.Jayachandran, J.
Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records pertaining to Private complaint in C.C.No.46 of 2024 on the file of the Chief Judicial Magistrate, Ariyalur and quash the same as illegal as against the petitioner alone. Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records pertaining to Private complaint in C.C.No.47 of 2024 on the file of the Chief Judicial Magistrate, Ariyalur and quash the same as illegal as against the petitioner alone.
Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records pertaining to Private complaint in C.C.No.176 of 2023 on the file of the Chief Judicial Magistrate, Ariyalur and quash the said proceedings.
Prayer: Criminal Original Petition has been filed under Section 528 of BNSS, to call for the records pertaining to private complaint in C.C.No.48 of 2024 on the file of the Chief Judicial Magistrate, Ariyalur and quash the same as illegal.
The petitioners facing criminal prosecution under Section 15 read with Section 16 & 19(a) of the Environment (Protection) Act, 1986 are before thi
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.
Mining without Environmental Clearance constitutes unlawful extraction, mandating 100% recovery of the mineral's market value as compensation under Section 21(5) of the MMDR Act.
Mining operations are deemed illegal without valid Environmental Clearances, and compliance with ecological regulations is essential, especially in sensitive areas straddling state borders.
ECs for minor mineral mining granted by DEIAA are void ab initio without SEIAA re-appraisal per Supreme Court/NGT directives; illegal mining mandates CPCB-based environmental compensation and strict ....
Mining activities must comply with environmental laws, ensuring safety and oversight, especially regarding operations near residential areas.
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 court declared the notification extending environmental clearances for mining projects unconstitutional, citing lack of public consultation and violation of statutory procedures under the Environ....
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