Environmental clearance is required prior to commencing construction work, not before issuing notification under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

ORDER :

Krishnan Ramasamy, J.

The writ petitions, in WP.Nos.20539, 20544, 20545, 20548, 20541 of 2024, 1294, 7000, 7005, 7011, 7016, 7022 of 2025, 29613, 29699, 29706 & 29724 of 2025, have been filed challenging the impugned Notification dated 09.05.2024, 17.10.2024 & 25.04.2025 (hereinafter called as “Section 3(1) Notification”) issued under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter called as “1997 Act”).

2. The writ petitions, in WP.Nos.10310, 10316 & 10323 of 2025, have been filed against the impugned Enter Upon Permission dated 07.09.2020 & 26.01.2023 granted by the District Collector, Thiruvallur District.

3. The Writ petition, in WP.No.10325 of 2025, has been filed against the Alienation order passed by the Government of Tamil Nadu vide GO(Ms)No.285 dated 03.08.2018.

4. Brief Facts of the cases are as follows:

4.1 In these cases, the SIPCOT has identified 1751.67.30 Hectares, i.e., 4326.62 Acres of land for the establishment of “industrial park” or “industrial estate” howsoever called. In the present batch of cases, the challenge was made with regard to the acquisition of more than 1951.88 Acres of Poromboke land and 11.5.0 Hectares, which is equivalent to 28 acres, of Patta land. These subject lands, which includes both Patta lands and Poromboke lands, are spread across 5 villages, namely, Manellore, Soorapoondi, Vaniyamalli, Madarapakkam and Sanapthur in Thiruvallur District.

4.2 With regard to the Poromboke lands, the SIPCOT, being the Promoter for industrial establishment, got the impugned Enter Upon Permission from the District Collector and subsequently, obtained a full- pledged Alienation order from the Revenue Department of the Government of Tamil Nadu, whereupon the said lands are absolutely vested in SIPCOT.

4.3 For the subject lands pertaining to cases, where the Enter Upon Permission was granted, the Environmental clearance was obtained by the respondent on 22.04.2024, whereas, for the subject lands, pertaining to cases, where the Alienation Order was passed, the Environmental Clearance was obtained on 10.11.2020.

4.4 Against the Environment Clearance dated 10.11.2020, an appeal was filed in Appeal Nos.32 & 34 of 2020 and the same were disposed of, vide order dated 30.09.2022, with a direction to conduct further study, by keeping the said Environmental Clearance certificate in abeyance. Pursuant to the said order, a thorough study was conducted by the concerned Authorities and thereafter, an amended Environmental Clearance was granted on 17.03.2025, which is also challenged before National Green Tribunal (NGT) in Appeal No.20 of 2025 and the same is pending without any interim orders.

4.5 As far as Environmental Clearance dated 22.04.2024 is concerned, the same was challenged in Appeal No.46 of 2024. The order for suspension of Environmental Clearance, given by the Competent Authority, is challenged by SIIPCOT before the Hon'ble Supreme Court and the same is pending.

4.6 Under these circumstances, these writ petitions have been filed challenging the issuance of Section 3(1) Notification by stating that no such notification can be issued without obtaining the Environmental Clearance. Further challenge was also made against the Alienation Order and Enter Upon Permission on the ground that the said orders ought not to have passed by the respective Authorities before obta