M. NIZAMUDDIN versus M/S. CHEMPLAST SANMAR LTD. AND ORS.

M. NIZAMUDDIN versus M/S. CHEMPLAST SANMAR LTD. AND ORS.

The land portion of the banks of Uppanar river adjacent to the plant where the pipeline crosses does not fall under CRZ III area as per 1996 Plan and no environmental clearance is required for such pipelines; Paragraph 2(ii) permits transfer of hazardous substances (VCM) from ships through pipelines in or through the port areas, and does not prohibit transfer to the PVC plant.

Parties
Appellant: M. Nizamuddin; Respondent: Chemplast Sanmar Ltd.; Respondent: Ministry of Environment and Forests (MOEF)
Jurisdiction
India
Judgment Date
10 March 2010
Procedural Posture
Civil Appeal / Final Judgment From Supreme Court of India
Outcome
Civil Appeal and Writ Petitions dismissed; Transfer Petitions and applications disposed
Legal Topics
Coastal Regulation Zone, Environmental Clearance, Hazardous Substances, Interpretation of Statutory Provisions, Public Interest Litigation
Environmental Law Administrative Law Coastal Regulation Zone Environmental Clearance Hazardous Substances Interpretation of Statutory Provisions Public Interest Litigation

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Parties

M. Nizamuddin

Appellant

Chemplast Sanmar Ltd.

Respondent

Ministry of Environment and Forests (MOEF)

Respondent

Procedural Posture

Civil Appeal / Final Judgment From Supreme Court of India

Legal Issues

  1. 1 Whether the Uppanar river and its banks at the pipeline crossing are part of CRZ III area?
  2. 2 Whether Paragraph 2(ii) of 1991 Notification restricts transfer of VCM (hazardous substance) beyond port area to the PVC plant through pipelines?

Ratio Decidendi

The land portion of the banks of Uppanar river adjacent to the plant where the pipeline crosses does not fall under CRZ III area as per 1996 Plan and no environmental clearance is required for such pipelines; Paragraph 2(ii) permits transfer of hazardous substances (VCM) from ships through pipelines in or through the port areas, and does not prohibit transfer to the PVC plant.

Court Disposition

Civil Appeal and Writ Petitions dismissed; Transfer Petitions and applications disposed

Orders

  • Civil Appeal No. 2284 of 2010 is dismissed
  • W.P. (C) No. 130 of 2009 is dismissed