Madras High Court
M/S.Dalmia Bharat Sugar And ... vs The State Of Tamil Nadu on 11 January, 2022
WP No.29275 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11-01-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.29275 of 2016
M/s.Dalmia Bharat Sugar and Industries Limited,
(Previously known as 'Dalmia Cement (Bharat) Ltd'),
a Company incorporated under the
Indian Companies Act, 1913, having its
Registered Office at Dalmiapuram,
District, Tiruchirapalli, Tamil Nadu,
Inter alia, carrying on business under
the name and style of Dalmia Magnesite
Corporation at Salem, Tamil Nadu 636 012
Represented by its Managing Director,
Mr.Jai Hari Dalmia. .. Petitioner
vs.
1.The State of Tamil Nadu,
Represented by its Secretary to Government,
Department of Industries Labour and Cooperation,
Fort St. George,
Chennai – 600 009.
2.The Secretary,
Industries Department (MMDI) and (MMCI),
Fort St. George,
Chennai – 600 009.
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WP No.29275 of 2016
3.The Commissioner,
Department of Geology and Mining,
Guindy Industrial Estate,
Chennai – 600 032.
4.Deputy Director,
Geology and Mining,
Collectorate Complex,
Salem.
5.The District Collector,
Salem – 636 001. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, forbearing the
respondents from interfering with the mining operations of the petitioner in
the Petition Schedule Premises and directing the respondents to continue to
issue permits to excavate minerals namely Magnesite and Dunite on
payment of the requisite royalty and without insisting on an Environmental
Clearance Certificate.
For Petitioner : Mr.T.Poornam
For Respondents-1 to 5 : Mr.R.Shanmugasundaram,
Advocate General Assisted by
Mr.K.M.D.Muhilan,
Government Advocate.
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WP No.29275 of 2016
ORDER
The relief sought for in the present writ petition is to forbear the
respondents from interfering with the mining operations of the petitioner in
the Petition Schedule Premises and directing the respondents to continue to
issue permits to excavate minerals namely Magnesite and Dunite on
payment of the requisite royalty and without insisting on an Environmental
Clearance Certificate.
2. The learned counsel for the petitioner made a submission that
the petitioner-Company had alredy suspended their mining operations and
submitted an application for Environmental Clearance Certificate before the
Competent Authority and the process is in advanced stage and they are
waiting for orders.
3. The learned Advocate General made a submission that the
question of suspension of mining operations by the petitioner-Company
would not arise at all, in view of the fact that no lease has been granted in
favour of the petitioner by the State. Pursuant to the judgment of the
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WP No.29275 of 2016
Supreme Court in the case of Common Cause vs. Union of India and
Others [(2016) 11 SCC 455], the Environmental Clearance Certificate
becomes mandatory for the purpose of grant of lease by the State. Therefore,
only in the event of furnishing Environmental Clearance Certificate, the
case of the petitioner-Company needs to be considered, but not otherwise.
4. The learned Advocate General further made a submission that
all other requirements are also to be complied with for the purpose of grant
of lease in accordance with the provisions of the Act and the Rules.
5. Thus, it is made clear that peitioner-Company is required to
submit necessary Environmental Clearance Certificate and comply with all
othe requirements under the provisions of the Act and the Rules, enabling
the Competent Authorities of the Department to consider the case for grant
of lease for carrying on the mining operations strictly in consonance with
the Act and Rules in force.
6. In the present case, the writ itself is to forbear the respondents
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WP No.29275 of 2016
from interfering with the mining operations of the petitioner-Company and
the petitioner-Company have made a submission that they are not carrying
on any mining operations at present. It is left open to the petitioner-
Company to submit all the required documents, including the
Environmental Clearance Certificate issued by the Competent Authorities of
the State, enabling the State Authorities to consider the case and take a
decision and pass appropriate orders on merits and in accordance with law.
The respondents are directed to conduct inspection and verify whether
mining operations were done or not, by verifying the statement made by the
learned counsel for the petitioner.
7. With the abovesaid directions, the writ petition stands disposed
of. However, there shall be no order as to costs.
11-01-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
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WP No.29275 of 2016
S.M.SUBRAMANIAM, J.
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To
1.The Secretary to Government,
State of Tamil Nadu,
Department of Industries Labour and Cooperation,
Fort St. George,
Chennai – 600 009.
2.The Secretary,
Industries Department (MMDI) and (MMCI),
Fort St. George, Chennai – 600 009.
3.The Commissioner,
Department of Geology and Mining,
Guindy Industrial Estate,
Chennai – 600 032.
4.Deputy Director,
Geology and Mining,
Collectorate Complex,
Salem.
5.The District Collector,
Salem – 636 001. WP 29275 of 2016
11-01-2022
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