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Judgment
We have heard the learned counsel appearing for the applicant as well as the respondents.
This application is for a direction to close the mining activities and operation of the brick kiln units by the respondents 6 to 8 in Survey Nos.312/3, 312/4 and 312/7 of Eachampadi Village, Pallipattu Taluk, Tiruvallur District measuring an extent of 7.6 Acres.
According to the applicant, who is a resident of Konetampettai Village, the 6th and 7th respondents have been carrying on mining of red soil, apart from illegally running brick kiln units and thereby causing environmental damage. With the above averments he has filed the application not only for the purpose of removal of brick kiln units but also to take action against the illegal mining activity of the 6th and 7th respondents.
The District Collector, Thiruvallur viz., the 3rd respondent in her reply dated 4.1.2017 has stated in clear terms that the respondents 6 to 8 are not carrying on brick kiln activity for the past one year and on the other hand, they have planted mango saplings in the subject land. It is also stated that the 6th respondent has purchased 0.77.0 Ares out of 1.03.0 Ares vide sale deed registered as Document No.850/2015 in respect of Survey No.312/3. Likewise, the 7th respondent has purchased the remaining 0.25.5 Ares vide sale deed registered as Document No.848/15. The 8th respondent is not connected with the above survey number and is not carrying on any activity in the area. It is also stated that the 6th respondent has planted mango saplings and raised banana plantation in Survey No.312/3 and Survey Nos.312/4 and 312/7 have been prepared for agricultural activities and therefore according to the District Collector, the application has become infructuous.
The Tamil Nadu Pollution Control Board (Board), in its reply dated 23.11.2016 has stated that the site in question was inspected by the Board officials on 30.5.2016 and 8.11.2016 and found that there was no brick kiln activity and the site was kept vacant. It is further stated that the site which is located in Tamil Nadu, abutting Andhra Pradesh, is surrounded by patta lands on three sides and a canal is running on the western side of the unit. It is also stated that the unit has neither obtained Environmental Clearance (EC) under the EIA Notification, 2006 nor 'consent' from the Board.
The State Level Environment Impact Assessment Authority (SEIAA) viz., the 2nd respondent has filed reply dated 22.11.2016 wherein it is stated that there was no EC granted for quarrying red soil in Survey Nos.312/3, 312/4 and 312/7 at Eachampadi Village, Pallipattu Taluk, Tiruvallur District.
The MoEF & CC viz., the 1st respondent in its reply dated 27.10.2016 has stated that for the alleged activity stated to have been carried on by the private respondents, prior EC is required as per the EIA Notification, 2006.
The learned counsel appearing for the Board submits that the private respondents are not carrying on either brick kiln activities or excavating any soil. The learned counsel undertakes that the Board will monitor the same and see that no brick kiln activity is allowed except after obtaining 'consent' in the manner known to law, apart from not to carry on any excavation of red soil. The said undertaking is recorded.
The learned counsel appearing for SEIAA would submit that in as much as EC has not been granted, the private respondents are not entitled to carry on such activities.
Accordingly, the application is closed. There shall be no order as to cost.