Madras High Court
R.Palanisamy vs The Commissioner Of Geology & ... on 8 December, 2021
W.P.Nos.8260 to 8264 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.12.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.Nos.8260 to 8264 of 2017
and
W.M.P.Nos.9020 to 9029 of 2017
R.Palanisamy,
Proprietor, M/s.Soundararajan Mines and Minerals,
No.202, Sengodampalayam,
O.Rajapalayam Post, Tiruchengode Taluk,
Namakkal District. ... Petitioner in WP.No.8260/2017
M/s.Sakthi Mining Company,
Rep.by its Proprietor,
R.Palanisamy,
No.202, Sengodampalayam,
O.Rajapalayam Post, Tiruchengode Taluk,
Namakkal District. ... Petitioner in WP.No.8261/2017
M/s.Max Mining Syndicate,
Rep.by its Partner R.Palanisamy,
No.202, Sengodampalayam,
O.Rajapalayam Post,
Tiruchengode Taluk,
Namakkal District. ... Petitioner in WP.No.8262/2017
R.Palanisamy ... Petitioner in WP.No.8263/2017
M/s.D.V.Minerals,
Rep.by its Partner R.Palanisamy,
No.85/1, Theppakulam Street,
Tiruchengode, Namakkal District. ... Petitioner in WP.No.8264/2017
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1/14
W.P.Nos.8260 to 8264 of 2017
Vs.
1.The Commissioner of Geology & Mining,
Guindy, Chennai – 600 032.
2.The District Collector,
Salem District, Salem.
3.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Salem, Salem District.
4.State Level Environment Impact Assessment Authority (SEIAA),
Rep.by its Member Secretary,
Panagal Building, Chennai – 600 015.
5.The Secretary to Government,
Ministry of Environment, Forest & Climate Change,
Government of India,
Indira Paryavaran Bhawan, Jor Bagh, New Delhi – 110 003.
6.The Secretary to Government,
Industries Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 600 009.
...Respondents in WP.Nos.8260 & 8262/2017
1.The Commissioner of Geology & Mining,
Guindy, Chennai – 600 032.
2.The District Collector,
Namakkal District, Namakkal.
3.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Namakkal, Namakkal District.
4.State Level Environment Impact Assessment Authority (SEIAA),
Rep.by its Member Secretary,
Panagal Building, Chennai – 600 015.
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W.P.Nos.8260 to 8264 of 2017
5.The Secretary to Government,
Ministry of Environment, Forest & Climate Change,
Government of India,
Indira Paryavaran Bhawan, Jor Bagh, New Delhi – 110 003.
6.The Secretary to Government,
Industries Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 600 009. ... Respondents in WP.No.8261/2017
1.The Commissioner of Geology & Mining,
Guindy, Chennai – 600 032.
2.The District Collector,
Virudhunagar District, Virudhunagar.
3.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Virudhunagar District, Virudhunagar.
4.State Level Environment Impact Assessment Authority (SEIAA),
Rep.by its Member Secretary,
Panagal Building, Chennai – 600 015.
5.The Secretary to Government,
Ministry of Environment, Forest & Climate Change,
Government of India,
Indira Paryavaran Bhawan, Jor Bagh, New Delhi – 110 003.
6.The Secretary to Government,
Industries Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 600 009. ... Respondents in WP.No.8263/2017
1.The Commissioner of Geology & Mining,
Guindy, Chennai – 600 032.
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W.P.Nos.8260 to 8264 of 2017
2.The District Collector,
Dindigul District, Dindigul.
3.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Dindigul District, Dindigul.
4.State Level Environment Impact Assessment Authority (SEIAA),
Rep.by its Member Secretary,
Panagal Building, Chennai – 600 015.
5.The Secretary to Government,
Ministry of Environment, Forest & Climate Change,
Government of India,
Indira Paryavaran Bhawan, Jor Bagh, New Delhi – 110 003.
6.The Secretary to Government,
Industries Department,
Government of Tamil Nadu,
Secretariat, Fort St.George, Chennai – 600 009.
... Respondents in WP.No.8264/2017
PRAYER in WP.No.8260/2017: Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to forbear the
respondents from in any manner interfering with the mining operations of
the petitioner insisting Environmental Clearance and continue to issue
transport permits to excavate and transport Limestone on payment of
requisite royalty, from the existing mining lease area measuring an extent
of 0.45.5 Hectares in Survey No.243/1 of Chinnagoundanur Village,
Sankagiri Taluk, Salem District and consequently direct the SEIAA/4 th
respondent to dispose of the application of the petitioner dated
22.01.2017, in seeking for issuance of Environmental Clearance for the
aforesaid mining lease area.
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W.P.Nos.8260 to 8264 of 2017
PRAYER in WP.No.8261/2017: Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to forbear the
respondents from in any manner interfering with the mining operations of
the petitioner insisting Environmental Clearance and continue to issue
transport permits to excavate and transport Limestone on payment of
requisite royalty, from the existing mining lease area measuring an extent
of 2.98.0 Hectares in Survey Nos. 76/2, 77/13 and 77/14 of Kodur
Agraharam Village, Paramathivelur Taluk, Namakkal District and
consequently direct the SEIAA/4th respondent to dispose of the
application of the petitioner dated 22.01.2017, in seeking for issuance of
Environmental Clearance for the aforesaid mining lease area.
PRAYER in WP.No.8262/2017: Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to forbear the
respondents from in any manner interfering with the mining operations of
the petitioner insisting Environmental Clearance and continue to issue
transport permits to excavate and transport Limestone on payment of
requisite royalty, from the existing mining lease area measuring an extent
of 2.53.5 Hectares in Survey No.101/2 of Alathur Village, Sankagiri
Taluk, Salem District and consequently direct the SEIAA/4th respondent
to dispose of the application of the petitioner dated 22.01.2017, in
seeking for issuance of Environmental Clearance for the aforesaid
mining lease area.
PRAYER in WP.No.8263/2017: Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to forbear the
respondents from in any manner interfering with the mining operations of
the petitioner insisting Environmental Clearance and continue to issue
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W.P.Nos.8260 to 8264 of 2017
transport permits to excavate and transport Limestone on payment of
requisite royalty, from the existing mining lease area measuring an extent
of 2.53.5 Hectares in Survey No.87 of Pannaimoondradaippu Village,
Tiruchuli Taluk, Virudhunagar District and consequently direct the
SEIAA/4th respondent to dispose of the application of the petitioner dated
24.01.2017, in seeking for issuance of Environmental Clearance for the
aforesaid mining lease area.
PRAYER in WP.No.8264/2017: Petition filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to forbear the
respondents from in any manner interfering with the mining operations of
the petitioner insisting Environmental Clearance and continue to issue
transport permits to excavate and transport Limestone on payment of
requisite royalty, from the existing mining lease area measuring an extent
of 4.01.0 Hectares in Survey Nos.130(P), 131/2, 132/2 and 133/1 of
Palayam Village, Vedasandur Taluk, Dindigul District and consequently
direct the SEIAA/4th respondent to dispose of the application of the
petitioner dated 22.01.2017, in seeking for issuance of Environmental
Clearance for the aforesaid mining lease area.
For Petitioners : Mr.G.Arul Murugan
For Respondents : Mr.K.M.D.Muhilan
Government Advocate for R1 to R3
Mr.V.Chandrasekaran for R4
Mr.B.Sudhir Kumar
Senior Panel Counsel for R5
... in all WPs.
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W.P.Nos.8260 to 8264 of 2017
COMMON ORDER
These Writ Petitions are filed to forbear the respondents from in
any manner interfering with the mining operations of the petitioner
insisting Environmental Clearance and continue to issue transport
permits to excavate and transport Limestone on payment of requisite
royalty, from the existing mining lease areas and consequently direct the
SEIAA/4th respondent to dispose of the applications of the petitioners
dated 22.01.2017 & 24.01.2017 respectively, in seeking for issuance of
Environmental Clearance for the aforesaid mining lease area.
2. When these matters are taken up for hearing, the learned counsel
for the petitioners would submit that the State Government granted
mining lease in favour of the petitioners herein, for a period of 20 years,
to quarry limestone in respect of their respective lands, as specifically
mentioned in the prayers above. Pursuant to the said mining lease, the
petitioners were carrying on quarry operations and the Assistant Director
of Geology and Mining, Geology and Mining Department / third
respondent, was issuing necessary transport permits to the petitioners for
transporting the quarried limestone till 2017. While so, the
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W.P.Nos.8260 to 8264 of 2017
Commissioner of Geology and Mining / first respondent, issued a
communication to all the District Collectors and Deputy
Directors/Assistant Directors of Mining vide letter dated 11.01.2017,
intimating the necessity for obtaining Environmental Clearance for
Mining/quarry leases in view of the orders of the National Green
Tribunal, Principal Bench, New Delhi, as well as the dictum of the
Hon'ble Supreme Court of India. Pursuant to the same, the petitioners
have been restrained from transporting quarried limestone for want of
production of environmental clearance, which prompted the petitioners to
approached the State Level Environment Impact Assessment Authority/
4th respondent, and made necessary applications along with necessary
documents and payment of prescribed fee by way of Demand Draft,
seeking for grant of Environment Clearance. The grievance of the
petitioners is that while their applications were pending for grant of
Environment Clearance, they were restrained from transporting the
quarried minerals and even stopped the mining operations while the lease
period was still subsisting. In such circumstances, finding no other
alternative, the petitioners approached this Court by way of present writ
petitions.
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W.P.Nos.8260 to 8264 of 2017
3. The Hon'ble Supreme Court of India in the case of Deepak
Kumar vs. State of Haryana reported in (2012) 4 SCC 629, has made
Environmental Clearance as mandatory for operating the existing lease
and for grant of mineral concessions. Also the National Green Tribunal,
New Delhi in the case of “Jatinder Singh vs. Union of India”, made it
mandatory for all the applicants / lease holders to get environmental
clearance for carrying on mining activities of both major and minor
minerals, even if the lease area is less than 5 hectares. The operative
portion is extracted as under:
“a) it shall be mandatory for all the applicants to seek
Environmental Clearance for carrying on mining activities of
minor or major minerals even if the lease area is less than 5
hectares. In other words, MOEF, SEIAA and all other authorities
would adopt uniform practice for issuance of E.C in regard to
the mining area of less than 5 hectare notwithstanding the fact
that Environment impact of mining of minor minerals is no way
less than that of the mining of major minerals. The judgment of
the Supreme Court, in the Deepak Kumar vs. State of Haryana
(2012) 4 SCC 629 is applicable to both minor and major
minerals.”
4. Therefore, in view of the above, it is mandatory for the
petitioners to get Environmental Clearance, for the purpose of carrying
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W.P.Nos.8260 to 8264 of 2017
on their mining activities. Even the learned counsel appearing for the
petitioners would fairly accepted the said position and he is not insisting
the prayers in respect of forbearing the respondents from insisting upon
production of Environmental Certificate to carry out their mining
operations.
5. As regards, the prayers for issuance of Environmental Clearance
is concerned, the learned counsel for the petitioners would submit that
almost all the petitioners have made applications seeking for issuance of
Environmental Clearance along with requisite fee and necessary
documents and the same have been pending with the 4th respondent and
therefore, the learned counsel sought for appropriate direction to the 4th
respondent to expedite the applications made by the petitioners.
6. The learned Government Advocate appearing for the
respondents would submit that the applications, if any, made by the
petitioners and pending with the 4th respondent would be considered, if
they are otherwise in order, within a stipulated period as directed by this
Court. He would further submit that as far as the hree writ petitions, i.e.,
W.P.Nos.8260, 8261 & 8264 of 2017 are concerned, the petitioners made
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W.P.Nos.8260 to 8264 of 2017
applications for issuance of Environmental Clearance and on receipt of
the same, the respondents already processed and terms of references
were also issued. Therefore, now it is for the respective petitioners to
comply with the same. However, as regards the other two Writ Petitions
viz., W.P.Nos.8262 and 8263 of 2017 are concerned, he would submit
that the the petitioners have not filed the requisite drawings and
documents and therefore, nothing is pending with the respondents to pass
any further orders. He further submits that once drawings and other
relevant documents are filed by the petitioners, the same will be
considered and terms of references will be issued.
7. In reply, the learned counsel for the petitioners would submit
that they have time to comply the terms of references till 22.05.2022 and
the petitioners will certainly comply with the same. He would also
submit that the petitioners in W.P.Nos.8262 and 8263 of 2017 will file
the drawings and other required documents before the respondents and
the same may be directed to be considered in accordance with law.
8. In view of the above submissions made by the learned counsel
on either side, this Court directs the 4th respondent to consider and issue
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W.P.Nos.8260 to 8264 of 2017
Environmental Clearance in respect of the petitioners in W.P.Nos.8260,
8261 & 8264 of 2017 if the petitioners have complied with all the
requirements, as per the terms of references, within a period of eight
weeks from the date of compliance of the terms of reference as issued by
the respondent. As regards the writ petitioners in W.P.Nos.8262 and
8263 of 2017 are concerned, the petitioners are directed to submit the
required drawings and documents within a period of four weeks from the
date of receipt of a copy of this order and on such submission, the 4 th
respondent is directed to process the same and issue references for
compliance by the petitioners and on compliance of the references, the 4 th
respondent may consider to issue Environmental Clearance to them if it
is otherwise in accordance with law.
9. With the above directions, all these Writ Petitions are disposed
of. No costs. Consequently, connected miscellaneous petitions are
closed.
08.12.2021
Pns
Index : Yes / No
Internet : Yes / No
Speaking/Non-speaking order
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W.P.Nos.8260 to 8264 of 2017
To
1.The Commissioner of Geology & Mining,
Guindy, Chennai – 600 032.
2.The District Collector,
Salem District, Salem.
3.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Salem, Salem District.
4.Member Secretary,
State Level Environment Impact Assessment Authority (SEIAA),
Panagal Building, Chennai – 600 015.
5.The Secretary to Government,
Ministry of Environment, Forest & Climate Change,
Government of India,
Indira Paryavaran Bhawan, Jor Bagh, New Delhi – 110 003.
6.The Secretary to Government,
Industries Department,
Government of Tamil Nadu,
Secretariat, Fort St.George,
Chennai – 600 009.
7.The District Collector,
Namakkal District, Namakkal.
8.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Namakkal, Namakkal District.
9.The District Collector,
Virudhunagar District, Virudhunagar.
KRISHNAN RAMASAMY.,J.
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W.P.Nos.8260 to 8264 of 2017
Pns
10.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Virudhunagar District, Virudhunagar.
11.The District Collector,
Dindigul District, Dindigul.
12.The Assistant Director of Geology & Mining,
Geology & Mining Department,
Dindigul District, Dindigul.
W.P.Nos.8260 to 8264 of 2017
and
W.M.P.Nos.9020 to 9029 of 2017
08.12.2021
https://www.mhc.tn.gov.in/judis
