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.

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 this Court to quash the complaints on the ground that they have not violated the provisions of the Environment (Protection) Act, since their activity of mining minerals in land measuring less than 5 hectares does not require Environment Clearance. Further, for violation or deviation of the provisions of Environment (Protection) Act, 1986, there cannot be prosecution but only levy of penalty in view of decriminalization under Jan Vishwas Act 2023, with effect from 01.04.2024.

2. The sum and substance of the complaint against these petitioners is that the petitioners were carrying on mining operations without Environment Clearance, from SEIAA which is mandatory as per the Notification 141(E) dated 15.01.2016 issued by the Ministry of Environment and Forest, Government of India. As per the said notification, new projects or activities listed in the schedule to its notification entailing capacity addition with change in process and or technology shall be undertaken only after the prior Environment Clearance from the Central Government or, as the case may be, the State Level Environment Impact Assessment Authority SEIAA.

3. Crl.O.P.No.17614 of 2024 (C.C.No.46 of 2024 on the file of Chief Judicial Magistrate, Ariyalur), is the complaint against the M/s.Chettinad Cement Corporation Private Limited and having a Lime Stone Mines at Nakkambadi Village. They have license for mining from 05.02.2013 to 04.02.2033. The petitioner project falls under Serial No.1(a) - Mining of Minerals with list of projects or activities requiring prior Environmental Clearance specified under the Environmental Impact Assessment Notification, 2006 (EIA) dated 14.09.2006 and Notification 141 (E) dated 15.01.2016. The District Collector, Ariyalur issued demand notice dated 20.08.2019 to the petitioner company to pay 100% costs of the mineral mined during the violation period i.e., 15.01.2016 to 10.01.2017 as per the judgment of the Hon'ble Supreme Court dated 02.08.2017 rendered in W.P.(Civil).No.114 of 2014.

4. The petitioner company submitted application for Environmental Clearance to the State Environmental Impact Assessment Authority (SEIAA) vide letter dated 13.04.2018. Later, they gave a letter dated 28.12.2022 informing that they have not pursuing further the process of obtaining the Environmental Clearance since they have decided to surrender the mining lease to IBM and submitted the final mine closure plan.

5. The petitioner company falls under violation category since it continues the quarrying operations without obtaining Environmental Clearance till 02.01.2017. The State Environmental Impact Assessment Authority requested to initiate action against the unit invoking powers under Section 19 of Environmental (Protection) Act, 1986 since the mining activity continued by the petition