Document Fragment View

Matching Fragments

The land in existence is Meikkal poramboke and not classified as a forest land.
The project would not affect water bodies and water table would be maintained.
As per the observation of Supreme Court in 2006 (6) SCC 371 is to carry out environmental study before acquisition and environmental study has been undertaken by ITCOT Consultancy Services.
Even after the transfer of lands 1127.00 acres, there is balance of about 241.85 acres is available for use as grazing ground. Apart from this, SIPCOT has also come forward to set apart about 100.00 acres of lands from 1127.00 acres of lands transferred for its use as grazing land to cater the needs of the livestock in the village.

12. Learned Additional Advocate General would further submit that before transfer of lands, environmental study has been undertaken by the ITCOT Consultancy Services Limited on various aspects. Placing reliance upon 2006 (6) SCC 543 [Susetha v. State of T.N. and others]; 2006 (6) SCC 371 [Karnataka Industrial Areas Development Board v. C.Kenchappa and others] and 2008-4-LW-220 [K.Balamurugan & 7 others v. The State of Tamil Nadu, rep. by the Secretary, Environment and Forest Department, Secretariat, Fort St. George, Chennai and others], the learned Additional Advocate General further submitted that the Supreme Court has approved the concept of 'Sustainable Development' and while there is an obligation to protect and preserve the environment, one cannot shut down the development.

Out of said 1368.85 acres, S.Nos.32/2 and 33/2, an extent of 1127 acres has been transferred to SIPCOT for establishment of industrial complex. Necessary entries are made in the 'A' Register and Adangal of Thervoy kandigai village evidencing transfer of S.Nos.32/2 and 33/2 to an extent of 348.97.0 and 107.30.0 hectares respectively.

16. The main occupation of the area is agriculture and allied activities. The land is located in industrially backward area and the educated youth are stated to be plenty and unemployed. According to the Government, to provide job opportunities besides developing the industrially backward area of Gummidipoondi, Government have proposed to set up new industrial park and identified the above lands. The alienated land infavour of SIPCOT is stated to be a barren dry land. According to 7th Respondent, it has proposed to invest around 22.50 crores for providing approach road from the State Highways 51 to Thervoy Kandigai site. SIPCOT also proposed to lay road from State Highways 52 to Thervoy Kandigai site and all the development will improve the overall area of Thervoy Kandigai village in respect of connectivity, transport facility and job opportunity. As per development plan prepared by ITCOT Consultancy and Services Ltd., the project will have socio-economic benefits and it would generate direct employment to around 5000 persons besides indirect employment generation to more than 25000 persons. According to the 7th Respondent, available man power would get opportunities to acquire advanced skills which would help them to get higher wages and technology trained persons such as ITI holders would get exposure in the advanced technology machines.

Next submission raised before us is about the failure to obtain prior environment clearance as per notification, prior to clearing of bushes and shrubs for development of industrial estate. The main plank argument advanced was that the project will have adverse impact of environment due to:-
Felling of trees;
Pollution caused;
Discharge of industrial wastage and effluents; and Industrial governance not properly followed.

98. Learned Additional Advocate General submitted that before clearing the bushes, SIPCOT has engaged services of ITCOT Consultancy and Services Limited to consider various aspects on eco-system and the development plan. Contending that prior environmental clearance was not required, learned Additional Advocate General further submitted that the land transferred is less than 500 hectares and even as per the notification dated 14.09.2006, EIA clearance is considered not necessary even as per the guidelines of Ministry of Environment and Forests, GoI. Of course, ITCOT Consultancy and Services Limited which considered the proposed SIPCOT industrial park, examined various aspects of development plan viz., (i) field inspection; (ii) geology and hydrogeology status; (iii) water availability; (iv) cost of project and means of finance and (v) socio-economic benefits. But opinion and report of private consultancy  ITCOT would not meet the requirement of obtaining environmental clearance as per Notification dated 14.9.2006.