PARTHIBAN BLUE METAL ETC. versus THE MEMBER SECY. T.N. POLLN. CONT. BD. AND ORS.

PARTHIBAN BLUE METAL ETC. versus THE MEMBER SECY. T.N. POLLN. CONT. BD. AND ORS.

Because the High Court did not examine in detail the factual contentions regarding the distances of the stone crushing units from residential areas, and since affidavit and map evidence was filed before the Supreme Court, the matter is remitted to the High Court to duly consider such evidence and allow the parties to support their positions, without expressing any opinion on merits.

Parties
Appellant: Parthiban Blue Metal; Respondents: Member Secretary, Tamil Nadu Pollution Control Board and Others
Jurisdiction
India
Judgment Date
01 February 2007
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal and Remand
Outcome
Appeal disposed of; matter remitted to the High Court for consideration.
Legal Topics
Stone Crushing Units, Distance Norms From Residential Areas, Judicial Review of Administrative Action, Remand to High Court
Environmental Law Stone Crushing Units Distance Norms From Residential Areas Judicial Review of Administrative Action Remand to High Court

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Parties

Parthiban Blue Metal

Appellant

Member Secretary, Tamil Nadu Pollution Control Board and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal and Remand

Legal Issues

  1. 1 Whether the appellants' stone crushing units were located beyond the prescribed limit from residential areas as per environmental norms
  2. 2 Whether the High Court erred in not considering detailed factual evidence such as affidavits and maps regarding unit distances

Ratio Decidendi

Because the High Court did not examine in detail the factual contentions regarding the distances of the stone crushing units from residential areas, and since affidavit and map evidence was filed before the Supreme Court, the matter is remitted to the High Court to duly consider such evidence and allow the parties to support their positions, without expressing any opinion on merits.

Court Disposition

Appeal disposed of; matter remitted to the High Court for consideration.

Orders

  • Matter remitted to the High Court to consider the effect of the affidavit and the map.
  • Parties permitted to place materials in support of their respective stands.