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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, J.
SRM Institute of Science and Technology – Appellant
Versus
The Tamil Nadu Pollution Control Board – Respondent
Crl. O.P. No. 4888 of 2025, Crl. M.P. No. 3166 of 2025
Decided On : 21-04-2026
| Table of Content |
|---|
| 1. petitioners expanded buildings without prior environmental clearance. (Para 1 , 2) |
| 2. petitioners argue subsequent clearance and payments justify quashing. (Para 3) |
| 3. respondent defends prosecution for eia violation. (Para 4 , 5 , 6) |
| 4. ex post facto clearance valid; polluter pays satisfies prosecution. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. medical college qualifies as exempt educational institution. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. proceedings quashed due to exemption and remediation. (Para 24 , 25 , 26) |
ORDER :
1. This criminal original petition has been filed to quash the proceedings in C.C.No.166 of 2020 on the file of the Chief Judicial Magistrate Court, Chengalpattu, which was taken cognizance in pursuance of the complaint filed by the respondent under Section 200 Cr.P.C. read with Section 19 (a) of the Environment (Protection) Act, 1986, for the offences under Sections 15 and 16, ibid.
2. The uncontroverted facts leading to the filing of this criminal original petition could be succinctly stated thus:
2.1 The first petitioner is an institution which runs a medical college and research centre with hospital at S.F.No.153/6A, 153/6B, etc. in Potheri Village and S.F.No.85/9B and 87/1 in Vallanchery Village, Chengalpattu Taluk, Chengalpattu District and the second petitioner is a Trustee of the first petitioner institution.
2.2 According to the respondent, as per the Environmental Impact Assessment Notification, 2006, dated 14.09.2006 (for brevity “the EIA notification”) issued by the Ministry of Environment and Forests, Government of India, construction of new projects or activities listed in the schedule to the said notification shall be undertaken only after the prior environmental clearance from the State-level Environment Impact Assessment Authority (for brevity “SEIAA”) or the Central Government, as the case may be. However, on 23.01.2020, when the respondent inspected the first petitioner’s premises, it was found that the first petitioner was expanding its buildings to an extent of 71,830.71 sq. mtrs. without obtaining prior permission/clearance from the SEIAA, which is in contravention of the EIA notification. Hence, the respondent issued a show cause notice to the petitioners on 27.01.2020, to which, a reply was sent by the petitioners on 31.01.2020 and not satisfied with the said reply, the respondent filed a complaint against the petitioners on 07.03.2020 before the Chief Judicial Magistrate Court, Chengalpattu, as stated in the opening paragraph, seeking quashment of which, this criminal original petition has been filed.
3. Dr. V. Venkatesan, learned counsel for the petitioners, made the following submissions:
i. When the petitioners had applied to the SEIAA for expansion of existing buildings on 13.04.2018 and had also got a Terms of Reference for the project proposal, in pursuance whereof, the petitioners had paid Rs.23,43,000/- for renovation of Vinjiyambakkam Lake and Rs.16,00,000/- for renovation of Potheri Lake as part of their Corporate Social Responsibility, besides making a payment of Rs.55,00,000/- to Environmental Management Authority of Tamil Nadu (all totalling to Rs.93.98 lakhs) and executing a bank guarantee in favour of the respondent for a sum of Rs.1 crore (under the Polluter Pays principle), the respondent ought not to have filed the complaint, as per the decision of a Coordinate Bench of this Court in TRIL Info Park Ltd. vs. Tamil Nadu Pollution Control Board, 2022 SCC OnLine Mad 3850.
ii. Another Coordinate Bench of this Court, in Voorna Property Developers Pvt. Ltd. vs. Tamil Nadu Pollution Control Board, 2023 SCC OnLine Mad 4358, has categorically held that the applicant cannot be prosecuted when he has subsequently got environmental clearance and also paid compensation as per the remediation plan and when the same set of facts obtain in the case on hand as well, the impugned proceedings cannot be sustained.
iii. As per paragraph 8(i) of the EIA notificati
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