Compliance with environmental regulations is essential for granting clearance in cases of prior violations; interim compensation decision to be finalized by relevant authorities.

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. This is an appeal filed by the Appellant/Project Proponent, M/s. KGISL Technologies & Infrastructures Private Limited, challenging the impugned communication dated 12.01.2024 issued by Respondent No.1 – State Environmental Impact Assessment Authority (SEIAA), Tamil Nadu (vide Letter No. SEIAA-TN/F.No.372/2023), whereby the Appellant was directed to furnish certain information as specified therein.

2. The said communication was received by the appellant on 20.02.2024 and the present appeal was filed on 19.03.2023 i.e. within the period of limitation.

3. It is prayed in the appeal memorandum that,

(i) Letter No. SEIAA-TN/F.No.372/2023 dated 12.01.2024 issued by the 1^st Respondent may be quashed;

(ii) Consequently, direct the respondents to grant Environmental Clearance to the appellant for the existing residential apartment building complex in S.F. No.375/B (part), 376/1B (part), 376/3B (part) and 377/3 (part) of Keeranatham Village, Annur Taluk, Coimbatore District; and

(iii) Direct the respondents to return the Bank Guarantee bearing No.T20GPGE240755001 dated 15.03.2024 issued by Canara Bank, KGISL Saravanampatti Branch, Coimbatore in favour of the Tamil Nadu Pollution Control Board.

4. Before delving into the merits of the appeal, a summary of the background of the case and the circumstances that prompted the Appellant to approach this Tribunal is set out below:

4.1 Earlier, there was an Original Application [O.A. No.74 of 2017 (SZ)] filed by one Mr. V. Sankara Subramanian, alleging that the project proceeded, without any approvals or clearances and the constructions (residential apartment) were all illegal.

4.2 In the said Original Application, vide Order dated 21.01.2020, a Joint Committee was appointed by this Tribunal to assess the compensation for the construction of the project in violation of the statutory mandate and this Tribunal fixed the interim compensation as Rs.8,00,00,000/- (Rupees Eight Crores only) to be deposited with the Central Pollution Control Board (CPCB within two months for restoration of the environment.

4.3 Aggrieved by the same, the Project Proponent had preferred an appeal as Civil Appeal No.3891 of 2020 before the Hon’ble Supreme Court of India.

4.4 In the meanwhile, the final order was passed in O.A. No.74 of 2017 (SZ) on 27.04.2022, directing the Joint Committee to assess the final compensation subject to the order of the civil appeal filed by the Project Proponent before the Hon’ble Supreme Court of India.

4.5 Thereafter, the said appeal [Civil Appeal No. 3891 of 2020] was disposed of by the Hon’ble Supreme Court of India on 07.02.2024, wherein the fixation of interim environmental compensation to the tune of Rs.8 Crore was upheld, with a further direction to the Project Proponent to remit the said amount, and a consequential direction to the Tribunal to initiate immediate steps to ensure compliance with the said order.

5. In the appeal memorandum, it is stated that the Appellant submitted the required application documents, including Form I, Form IA, the EIA Report, and ToR compliance, to the SEIAA – Tamil Nadu on 21.03.2023. The proposal was first considered in the 369^th meeting of the State Expert Appraisal Committee (SEAC) – Tamil Nadu/ Respondent No.2 on 20.04.2023, where a sub-committee was formed to conduct a site inspection. Based on the sub-committee’s damage assessment report, the SEAC – Tamil Nadu, in its 404^th meeting held on 25.08.2023, recommended a com