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1 - 10 of 14 (0.24 seconds)The Air (Prevention And Control Of Pollution) Act, 1981
Smt. Azra Fatima vs Union Of India And Others on 12 July, 1990
2. The SoP was challenged in the Madurai Bench of the High
Court of Madras in the matter W.P.(MD) No. 11757 of 2021 titled
Fatima Vs Union of India and was interim stayed vide order
dated 15th July 2021.
The Code of Civil Procedure, 1908
Electrosteel Steels Limited vs Union Of India & Ors on 9 May, 2023
37. It is also apparent from the perusal of record that Project Proponent
had applied for ex-post-facto EC on 05.05.2022 i.e. prior to the date of
Judgment passed by the Hon'ble Madras High Court as well as prior to the
date of order passed by the Hon'ble Supreme Court staying the operation
of the OM dated 07.07.2021. Therefore, till these Judgments/Orders were
pronounced, position of law would be taken to be that the SOP provided
under OM dated 07.07.2021 was in force as per the order of Hon'ble
Supreme Court delivered in Electrosteel's case (Supra). In the light of the
interpretation made by the Hon'ble Madras High Court, which has
quashed the OM dated 07.07.2021, the same has been directed to be
effective prospectively i.e. after the date of delivery of the Judgment,
making it clear whatever projects, which were already under consideration
for grant of ex-post-facto EC under Violation Category, were to be
processed by the SEIAA but any new matter post the stay of that
Original Application No.65/2019(WZ) [I.A. No.102/2019(WZ)] Page 22 of 50
Judgment, wherein violation was found to be there, could not have been
entertained by the SEIAA.
D. Swamy vs Karnataka State Pollution Control ... on 22 September, 2022
The Hon'ble Madras High Court after having
taken into consideration the Judgments of Hon'ble Supreme Court
Original Application No.65/2019(WZ) [I.A. No.102/2019(WZ)] Page 17 of 50
delivered in (i) Lafarge [Lafarge Umiam Mining Private Limited Vs. T.N.
Godavarman Thirumulpad reported in (2011) 7 SCC 338] rendered by a
three member Benchon 06.07.2021; (ii) Common Cause [Common Cause
Vs. Union of India reported in (2017) 9 SCC 499] rendered by a two
member Bench on 02.08.2017; (iii) Alembic [Alembic Pharmaceuticals
Limited Vs. Rohit Prajapati reported in (2020) 17 SCC 157 rendered by
a two member bench on 01.04.2020; (iv) Electrosteel [Electrosteel Steels
Limited Vs. Union of India and others reported in (2023) 6 SCC 615]
rendered by a two member bench on 09.12.2021; (v) Pahwa Plastics
[Pahwa Plastics Pvt. Ltd. Vs. Dastak NGO and others reported in 2022
SCC OnLine SC 362] rendered by a two member bench on 25.03.2022;
and (vi) D.Swamy [D.Swamy Vs. Karnataka State Pollution Control
Board reported in 2022 SCC OnLine SC 1278] rendered by two member
Bench on 22.09.2022, decided to quash /set aside the OM dated
07.07.2021 issued by the MoEF, prospectively. Relevant part in this regard
is quoted herein below:-
Electrosteel Steels Limited vs Union Of India on 9 December, 2021
31. It is further mentioned in this affidavit by the respondent No.1-
MoEF&CC that following was held by the Hon'ble Supreme Court in Civil
No.7576-7577 of 2021 (Electrosteel Steels Limited vs UOI):-
Section 15 in The National Green Tribunal Act, 2010 [Entire Act]
Tanaji Balasaheb Gambhiretanaji ... vs The Chief Secretary Government Of ... on 9 July, 2021
"The Ministry issued a Standard Operating Procedure dated 7th
July 2021 bearing the file number 22-21/2020-IA.III, for
identification and handling of violation cases under EIA
Notification 2006 in compliance to order of the Hon'ble National
Green Tribunal in Appeal No. 34/2020 (WZ) titled Tanaji B.
Gambhire Vs Chief Secretary, Government of Maharashtra. The
copy of the SoP is enclosed for ready reference.
Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018
The Hon'ble Madras High Court after having
taken into consideration the Judgments of Hon'ble Supreme Court
Original Application No.65/2019(WZ) [I.A. No.102/2019(WZ)] Page 17 of 50
delivered in (i) Lafarge [Lafarge Umiam Mining Private Limited Vs. T.N.
Godavarman Thirumulpad reported in (2011) 7 SCC 338] rendered by a
three member Benchon 06.07.2021; (ii) Common Cause [Common Cause
Vs. Union of India reported in (2017) 9 SCC 499] rendered by a two
member Bench on 02.08.2017; (iii) Alembic [Alembic Pharmaceuticals
Limited Vs. Rohit Prajapati reported in (2020) 17 SCC 157 rendered by
a two member bench on 01.04.2020; (iv) Electrosteel [Electrosteel Steels
Limited Vs. Union of India and others reported in (2023) 6 SCC 615]
rendered by a two member bench on 09.12.2021; (v) Pahwa Plastics
[Pahwa Plastics Pvt. Ltd. Vs. Dastak NGO and others reported in 2022
SCC OnLine SC 362] rendered by a two member bench on 25.03.2022;
and (vi) D.Swamy [D.Swamy Vs. Karnataka State Pollution Control
Board reported in 2022 SCC OnLine SC 1278] rendered by two member
Bench on 22.09.2022, decided to quash /set aside the OM dated
07.07.2021 issued by the MoEF, prospectively. Relevant part in this regard
is quoted herein below:-