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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
Modenik Lifestyle Private Limited – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
| Table of Content |
|---|
| 1. petition seeks to quash legal proceedings. (Para 1 , 2) |
| 2. arguments concerning environmental clearance exemptions. (Para 3 , 4 , 5 , 6) |
| 3. court analysis of facts and legal exemptions. (Para 7 , 8 , 9 , 10) |
| 4. proceedings quashed and petition allowed. (Para 11) |
ORDER :
1. This Criminal Original Petition has been filed seeking to quash the proceedings in C.C. No.128 of 2024, pending on the file of the learned District Munsif-cum-Judicial Magistrate, Uthukuli, Tiruppur District.
2. The case of the prosecution is that the accused have constructed and are operating premises situated at S.F. No.505/1 part, 3 part, 4 part, 506/1 part, 2 part, 3 part and 507/1 part, 2 part of Chengapalli Village, Uthukuli Taluk, Tiruppur District, without obtaining prior Environmental Clearance from the State Environment Impact Assessment Authority (hereinafter referred to as “SEIAA”) which is punishable under Sections 15 r/w 16 and 19(a) of the Environment (Protection) Act, 1986.
3. The learned counsel for the petitioner submitted that the petitioner has been arrayed as the third accused (A3). The building in question was constructed by A1 and measures 20,000 sq. metres. The premises were su
The court established that statutory exemptions for industrial sheds, along with undue delay in prosecution, render the charges unsustainable.
Criminal proceedings under the Environment (Protection) Act may be quashed if no requisite environmental clearance is mandated due to construction area being below the statutory threshold.
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 requirement for prior environmental clearance under the 2006 notification applies to constructions exceeding 20,000 sq.mts., and subsequent notifications cannot be applied retrospectively.
Legislature intended to create a specialist body in the form of National Green Tribunal to consider the validity of orders granting or rejecting applications for EC. The remedy of an appeal with the ....
Environmental clearances require comprehensive assessments to prevent illegal segmentation and ensure protection of local environments.
Segmentation of industrial projects to evade comprehensive EIA and cumulative impact assessment violates Precautionary Principle and sustainable development; requires holistic study for phased scheme....
Segmentation of industrial projects to evade EIA and cumulative impact assessment violates precautionary principle and sustainable development.
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