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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.
Delhi High Court - Orders Cites 0 - Cited by 0 - Full Document

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:-
Supreme Court of India Cites 27 - Cited by 3 - I Banerjee - Full Document

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.
National Green Tribunal Cites 3 - Cited by 10 - A K Goel - Full Document

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:-
Supreme Court of India Cites 130 - Cited by 396 - D Misra - Full Document
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