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2024 Supreme(Online)(NGT) 1196

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert Member
Pradeep Babu Tandel Somnath Temple – Appellant
Versus
Union of India – Respondent


Advocates:
For Applicant(s): M/s. Ritwick Dutta, Rahul Choudhary and G. Stanly Hebzon Singh
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1, Mr. H.K. Vasanth for R2, M/s. Shivkumar Iyer & Aditi Maheswari for R3, Mr. Rajat Jonathan Shaw represented Mr. Darpan K.M. for R4 to R6

Table of Content
1. applicants challenge ec for non-disclosure of forest land. (Para 1 , 2)
2. alleged concealment requires ec revocation. (Para 3 , 4)
3. moef&cc notes undisclosed forest activities need fresh ec. (Para 5 , 6)
4. respondents claim separate port and board projects. (Para 7 , 8 , 9)
5. forest clearance application withdrawn due to land constraints. (Para 11 , 12 , 13 , 14)
6. applicants reiterate concealment; no activity without clearance. (Para 15 , 16 , 17 , 18 , 19 , 20)
7. public trust doctrine mandates environmental protection. (Para 21 , 22 , 23)
8. oa disposed; future applications scrutinized. (Para 24 , 25)
9. rs.10 crores deposit ordered; ias closed. (Para 26 , 27)

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.

1. This Original Application is filed by the residents of Karwar in Uttara Kannada, Karnataka, seeking revocation of the Environmental Clearance dated 23.01.2019 granted in favour of the 4th Respondent/ Project Proponent on the ground that the same has been obtained without disclosure of all relevant information and that there is a change in scope of the project.

2. The challenge relates to the proposed second stage development of the

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