LAWS(MAD)-2005-6-141

O FERNANDES CO CONVENER COASTAL ACTION NETWORK NO 10 THOMAS NAGAR LITTLE MOUNT SAIDAPET CHENNAI Vs. UNION OF INDIA

Decided On June 30, 2005
O FERNANDES CO CONVENER COASTAL ACTION NETWORK NO 10 THOMAS NAGAR LITTLE MOUNT SAIDAPET CHENNAI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner having approached this Court on an earlier occasion raising objections for proceeding with Sethusamudram Shipping canal Project, did not succeed, as on the earlier occasion, his contentions were rejected on the ground that as regards the project, public hearings are going on and cause of action arises only when an adverse order has been passed or some action adversely affecting someone' ; s right is taken. It was rejected on the other ground that since no adverse orders have been passed nor action taken against anyone, there is no need to entertain the writ petition at this stage and issue Rule Nisi.

(2.) NOW, the learned Senior Counsel appearing for the petitioner submits that environmental impact assessment order has been passed and thereafter, an order of clearance had been given to proceed with sethusamudram Shipping Canal Project by the Ministry of Environment on 31. 3. 2005. According to the learned counsel, the order was passed by the authority concerned without taking into consideration the impact, that the project will have, on the environment and without following the guidelines issued by the Ministry of Environment for clearing such projects. He also submits that No Objection Certificate wa s not obtained from the Tamil Nadu pollution Control Board and that therefore, the order dated 31. 3. 2005 giving environmental clearance under the Environment Impact Assessment Notification is bad in law.