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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Mathavakannan – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
A. The Writ Petitions:-
All these Writ Petitions are connected and, as such, are taken up and disposed of by this common order.
1.1. In all these Writ Petitions, the core issue involves the action of the respondents in passing individual orders that direct the Writ Petitioners, who are the licensees operating quarries without Environmental Clearance (in short, 'EC'), for the period from 15.01.2016 to 10.01.2017, thereby requiring them to pay 100% of the value of the mineral for the relevant period.
1.2. All of these writ petitioners have been mining either major or minor minerals at the relevant time, and all have obtained licenses for areas of less than 5 hectares.
B. The Facts:-
2. The case in brief of the Petitioners is that they were quarrying minor minerals, and originally, there was no necessity for the persons engaged in this activity to obtain prior Environmental Clearance (in short 'EC'). Neither the Environment Protection Act,1986 nor the Rules framed thereunder, including the notifications issued by the Ministry of Environment and Forests (in short 'MoEF'), Government of India, mandated the obtaining of EC. However, on 27.2.2012, the Hon'ble Supreme Court of India deli
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.
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.
Office Memoranda extending DEIAA-granted mining EC validity upheld as interim measures for SEIAA re-appraisal; non-reappraised ECs invalid post-deadline, enforcing compliance with environmental safeg....
Environmental Clearances must align with Supreme Court directives to prevent degradation and require thorough reappraisal by SEIAA.
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
Mining operations are deemed illegal without valid Environmental Clearances, and compliance with ecological regulations is essential, especially in sensitive areas straddling state borders.
Valid SEIAA-approved DSR mandatory precondition for sand mining auctions, EC grants; State cannot amend without statutory appraisal/approval; invalid DSR voids leases/EC; operations illegal, compensa....
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