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M/S. Karunai Granites Private Ltd vs The District Collector on 23 June, 2021 cites

Common Cause vs Union Of India . on 2 August, 2017

In cases of illegal or unlawful mining without environment clearance, compensation at 100% of the price of the mineral should be recovered in terms of Section 21(5) of the MMDR Act, if the extracted mineral has been disposed of [Common Cause v. Union of India, (2017) 9 SCC 499]. Consequently, the MoEF&CC issued a communication dated 03.04.2017 to the Principal Secretary to Government, Industries Department, Chennai that as per the notification SO.141 (E) dated 15.01.2016, all the mining leases operating in the country are required to obtain environmental clearance. With effect from 15.01.2016, no mining lease shall operate without prior EC and they should stop their mining activity and apply for EC. The said communication dated 03.04.2017 was sustained by the 10/16 https://www.mhc.tn.gov.in/judis/ Order in WP.Nos.12765 & 12766 of 2017 and 9018 of 2021 dt. 23.06.2021 National Green Tribunal (Southern Zone), Chennai, in O.A.No.136 of 2017 dated 30.06.2020. However, it was clarified by NGT that those persons, who have already filed application for environmental clearance as on 31.03.2016, cannot be treated as violators.
Supreme Court of India Cites 46 - Cited by 32 - M B Lokur - Full Document

Naresh Zargar vs State Of Madhya Pradesh on 13 April, 2018

4.Upon notice, the District Collector, Krishnagiri, filed a detailed counter affidavit denying the averments made by the petitioner. It is inter alia stated therein that based on the order of the Supreme Court dated 27.02.2012 in IA.Nos.12-13 of 2011 in SLP(C)Nos.19628 – 19629 in Deepak Kumar etc. v. State of Haryana and others, the Government of Tamil Nadu have amended the Tamil Nadu Minor Concession Rules, 1959 vide G.O.Ms.No.79, Industries (MMC1) Department dated 06.04.2015 by introduction of Rules 41 and 42 and that, the mining plan and environment clearance for the quarry lease in respect of minor minerals irrespective of their extent and for the existing leases, have also been made mandatory. Further, the Principal Bench of National Green Tribunal, New Delhi, in the order dated 04.05.2016 in O.A.No.34 of 2016 in Naresh Zargar v. State of Madhya Pradesh and others, 6/16 https://www.mhc.tn.gov.in/judis/ Order in WP.Nos.12765 & 12766 of 2017 and 9018 of 2021 dt. 23.06.2021 have directed that all the mines owners, which of them have not submitted the applications as on 31st March 2016 to State Level Environment Impact Assessment Authority, District Environment Impact Assessment Authority and District Level Expert Appraisal Committee, shall be shut down forthwith and will not be permitted to carry on any mining activity in any manner whatsoever. That apart, the same National Green Tribunal in the order dated 18.04.2017 in MA.No.260 of 2017 in O.A.No.123 of 2017 have directed the state Government to expedite the compliance of the law as expeditiously as possible and to ensure that no mining activity is permitted to be carried on without obtaining prior environment clearance. Thus, according to this respondent, the petitioner has been operating their quarries on the strength of the court orders and hence, they are liable to obtain environment clearance from the State Level Environment Impact Assessment Authority, Tamil Nadu.
National Green Tribunal Cites 0 - Cited by 2 - Full Document
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