Tribunals and CommissionsSingle Bench(2015) 05 NGT CK 0026

Ambai Taluk Tamirabarani Vivasayigal vs Union Of India And Ors

National Green Tribunal · Decided on 29 May 2015

HON’BLE JUDGES
P. Jyothimani, J
RESULT
Dismissed
CASE NUMBER
Application No. 258 Of 2013, Writ Petition Md. No. 11560 Of 2011

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Judgment

4 paragraphs · 233 words

This application has been renumbered after transferred from the Hon'ble High Court of Judicature, Madras at Madurai Bench (W.P.(MD) No. 11566 of 2012). The prayer in the application is to issue a Writ of Mandamus forbearing the Respondents No.1 to 6 from permitting the Respondents No.8 to 12 to quarry granite at Survey Nos. 545/1P, 536/1B, 527-535, 544, 524 - 525 in Mela Ambasamudram Village in Ambasamudram Taluk, Tirunelveli District and Survey No. 76 in Sivanthipuram Village in Ambasamudram Talum, Tirunelveli District and Survey NO.227 in South Pappankulam Village, South Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District and Survey No.2 in Poongudaiyarkulam, Ambasamudram Taluk, Tirunelveli District for not obtaining Environmental Clearance from the 1st respondent.

It is not in dispute that there were other two applications namely 256 of 2013 (SZ) ( W.P. (MD) No. 3274 of 2011) and 259 of 2013 (SZ) (W.P. (MD) No.13266 of 2010 for the same prayer in respect of the Ambai Taluk in Tamirabarani. The said applications, in the common order dated 5th March 2015 were dismissed holding that for such activity there is no necessity of EC from MoEF required as per the EIA Notifications, 2006 and also holding that as to whether the mining site is within the prohibited area, as per the EIA Notifications 2006 does not arise for consideration in these cases.

Following the decision of the Tribunal, this application also stands dismissed.

No cost.