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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
SRM Institute of Science and Technology – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
| 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. i
Ex post facto environmental clearance permissible; educational institutions including medical colleges with hospitals exempted from prior clearance; prosecution quashed upon subsequent clearance and ....
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....
An educational institution must obtain Environmental Clearance, and hospitals are not exempt from this requirement under the EIA Notification, confirming obligations for compliance with environmental....
Project proponents must obtain Environmental Clearance before commencing construction as failure constitutes a legal violation, necessitating remediation and compensation under environmental laws.
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....
Environmental regulations mandate prior Environmental Clearance and Consent to Operate for hospitals, and failure to obtain these constitutes a violation that necessitates compensation for ecological....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
(1) Environment (Protection) Act, 1986 does not prohibit ex post facto Environmental Clearance – Grant of ex post facto EC in accordance with law, in strict compliance with Rules, Regulations, Notifi....
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