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1 - 2 of 2 (0.34 seconds)Common Cause, A Registered Society vs Union Of India & Ors on 3 August, 1999
4.Be that as it may, the issue is a very short one. The Supreme
Court of India in Common Cause v. Union of India and others reported in
(2017) 9 SCC 499 had given a slew of directions with respect to mining
leases that are being carried on without environmental clearance. For such
https://www.mhc.tn.gov.in/judis
Page 3 of 7
W.P.No.14434 of 2024
leases, the Supreme Court had directed that penalty be levied by the
delegated authority, namely, the Government of Tamil Nadu. The District
Collector, in pursuance of the said judgment, had passed an order on
06.11.2023. On the basis of the said order, the Tahsildar had issued a memo
on 15.02.2024 directing recovery of several amounts. The point remains that
a Division Bench of this Court in W.A.No.671 of 2020, dated 15.02.2024,
had directed that, prior to the levy of penalty, the lessee should be heard by
the District Collector. As the said procedure had not been followed, taking
into consideration the judgment of the High Court, the memo issued by the
Tahsildar on 15.02.2024 was treated as a show cause notice, leaving the
order of the District Collector dated 06.11.2023 intact.
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