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The petitioners facing criminal prosecution under Section 15 read with Section 16 & 19(a) of the Environment (Protection) Act, 1986 are before this Court to quash the complaints on the ground that they have not violated the provisions of the Environment (Protection) Act, since their activity of mining minerals in land measuring less than 5 hectares does not require Environment Clearance. Further, for violation or deviation of the provisions of Environment (Protection) Act, 1986, there cannot be prosecution but only levy of penalty in view of decriminalization under Jan Vishwas Act 2023, with effect from 01.04.2024.
2. The sum and substance of the complaint against these petitioners is that the petitioners were carrying on mining operations without Environment Clearance, from SEIAA which is mandatory as per the https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17614, 17616, 19869 & 20877 of 2024 Notification 141(E) dated 15.01.2016 issued by the Ministry of Environment and Forest, Government of India. As per the said notification, new projects or activities listed in the schedule to its notification entailing capacity addition with change in process and or technology shall be undertaken only after the prior Environment Clearance from the Central Government or, as the case may be, the State Level Environment Impact Assessment Authority SEIAA.
“4. Illegal and unauthorized mining has been a matter of concern for all concerned stakeholders. Besides carrying on illegal and unauthorized mining, various mine lessees/miners had successfully frustrated the laws in force by bringing down the area of the mine lease to less than five hectares, even in adjoining areas with the object and purpose of escaping the requirement of obtaining EC in accordance with the provisions of the Environmental (Protection) Act, 1986 (for short ‘Act of 1986’) and Environment Clearance Regulations, 2006 (for short ‘Notification of 2006’). Keeping in view the large-scale avoidance of law and serious degradation of environment and ecology, the Supreme Court in the case of Deepak Kumar v. State of Haryana(2014) 4 SCC 629 mandated that all mine owners, even if carrying on mining operations below five hectares, would be liable to seek EC from the competent authority. The dictum of the Supreme Court was not followed by various States in its true spirit and substance. While some of the States did not enforce the directions, there are some other States which have issued Notifications/Government Orders to overreach the https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.17614, 17616, 19869 & 20877 of 2024 directions given by the Supreme Court in exercise of their executive powers. These directions/Office Memorandums were contrary to the orders of the Supreme Court and in fact, some of them were even set aside by the Tribunal.
(iv) It is also made clear that all mining leases, either major or minor, even less than 5 hectares area, has to apply and get Environment Clearance as per the amended EIA Notification dated 15.1.2016. This will apply to the existing mining leases as well. Without obtaining necessary Environment Clearance irrespective of area, no mining, both minor/major, shall be permitted to operate.