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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
Tamil Nadu Urban Habitat Development Board – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
| Table of Content |
|---|
| 1. overview of the criminal complaint regarding construction without prior environmental clearance. (Para 1 , 2) |
| 2. arguments regarding the impact of post-construction clearance on ongoing criminal prosecution. (Para 3 , 4) |
| 3. court holds that post-construction clearance and remediation fulfillment bars further criminal prosecution to prevent double jeopardy. (Para 5 , 6 , 7) |
ORDER
This criminal original petition has been filed to quash the proceedings in CC.No.1598 of 2022 on the file of the XV Metropolitan Magistrate Court, George Town.
2. The respondent lodged complaint for the offence punishable under Section 15 r/w 17 and 19(b) of the Environment (Protection) Act, 1986 alleging that as per the notification SO.No.394(E) published in Gazette No.185 dated 16.04.1987, the respondent authorised to take legal action for the indicative violation under the provisions of the Environment (Protection) Act, 1986. During the course of business, the first accused commenced the illegal construction of the residential Blocks 1 to 6 (S+9F) and Blocks 7 to 9 (S+11F) at Moolakothalam, SF.No.1802, New Sub Division 1 part, old survey No.1802, Old Sub Division 1 part, Block No.28, Tondi
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