AI Structured Summary
Not yet generated for this judgment
Judgment
This application seeks following directions:
“i. Pass an Order directing the Respondent MOEF to calculate the damage assessment/ Environmental compensation for all cases, as per the Draft Guidelines for Environmental Damage Assessment cost dated 5.03.2020 issued by the MOEF, including for violations cases submitted under the Notification dated 14.03.2017 and/or SOP dated 7.072021; and
ii. Pass an Order directing the Respondent MOEF to exercise its statutory powers (including under Section 3 of the EP Act) and constitute a Violation Compliance Committee of Experts as per Appendix VI of the EIA 2006 to implement and monitor the remediation plan, augmentation plan approved by the regulatory authority under the 14.03.2017 Notification; and
iii. Pass an Order restraining the Respondent MOEF and SEIAAs / SEACs from processing and entertaining any Application for ex post facto Environmental Clearance filed after 13.04.2018 i.e. the window period under the Notification dated 14.03.2017 as extended by the Hon'ble Madras High Court in W.P. No. 11189 of 2017; and
iv. Pass an order quashing all ex post facto Environmental Clearances granted by the Respondent MOEF and State SEIAAs wherein applications have been filed after 13.04.2017;”
Neither any cause of action is shown nor any affected party has been impleaded. Directions sought are general in nature.
We are of the opinion that such omnibus prayers cannot be entertained in absence of any live issue and affected parties being before the Tribunal.
The application is accordingly dismissed without prejudice to any other appropriate remedy in accordance with law.
I.A. No. 137/2022 will also stand disposed of.