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Judgment
These two applications relate to the activities of construction, extraction, drilling, boring, rigging in the Cauvery Delta region with regard to Shale Gas and Shale Oil projects. According to the applicant, the proposed projects are against the environment and will cause Air and Water pollution with the result food and agricultural activities will be seriously affected.
The Under Secretary to Government of India, Ministry of Petroleum and Natural Gas in his affidavit dated 30.01.2017 has clearly stated that currently the Ministry/ONGC is not carrying out any exploration of Shale Gas, Shale Oil or Coal Bed Methane (CBM) in Cauvery Basin.
It is true that the State Government took time for the purpose of informing this Tribunal as to whether the Government is intended to constitute an Expert Committee regarding exploration of Shale Gas in Tamil Nadu. However, the learned Additional Government Pleader would submit that since its activity is in most preliminary stage, it is not necessary at this point of time to constitute an Expert Committee.
Mr.G.Masilamani, learned Senior Counsel appearing for Oil & Natural Gas Commission (ONGC) while reiterating the stand of ONGC, would submit that as on date there is no proposal for the purpose of exploration of Shale Gas in the Cauvery Delta and the Tribunal need not pass any order at this stage which is premature. He would also fairly submit that in the event of such project becoming a possibility by subsequent activity, it will be always open to the applicant to raise this issue before this Tribunal for appropriate protection any time.
Mr.Syed Nurullah Sherriff, the learned counsel appearing for Ministry of Environment, Forest & Climate Change would submit that as on date there is only one proposal in respect of Nagapattinam and this is also in a preliminary stage and the application is dated 25.01.2016 seeking for TOR in respect of one well at Nagapattinam and the Government has not taken any steps so far. He would also submit that if the Government takes any steps, it will be always open to anyone who is likely to be affected, to take appropriate steps in the manner known to law.
In view of the said stand, we are of the considered view that these applications as on date are not maintainable. However, it is always open to the applicant or any other person who are likely to be affected by such proposal to work out their remedy at appropriate time before the appropriate authority/ forum.
With the above observation, the applications stand closed. There shall be no order as to cost.