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Enviornmental Law should not be imposed at the cost of Publi

Raj Kumar Makkad ,
  02 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Environment - Pollution - Section 2(d) Environment (Protection) Act, 1986 - Dismissal of PIL filed against proposed setting-up of a project for manufacturing Poly-Vinyl Chloride (PVC) - Hence, present appeal- Whether High Court was justified in dismissing the Writ Petition?
Citation :
M. Nizamudeen v. Chemplast Sanmar Limited and Ors. (Decided on 10.03.2010) MANU/SC/0153/2010
Held, Uppanar river and its banks at the relevant place where the pipelines laid by the Chemplast pass do not fall under CRZ III area as per 1996 Plan and no environmental clearance needed for such pipelines- Project established by investing huge amount of about Rs. 600 crores and has already been commissioned after obtaining necessary approvals and, therefore, not in the interest of justice nor in the public interest to interfere with the project - Civil Appeal and Writ Petition dismissed.

Interpretation of Statute - Exception clause - Interpretation of -

Held, If exception has been added to remedy the mischief or defect, it should be so construed that remedies the mischief and not in a manner which frustrates the very purpose - If the language used is capable of bearing more than one construction and if construction is employed that results in absurdity or anomaly, such construction has to be rejected and preference should be given to such a construction that brings it into harmony with its purpose and avoids absurdity or anomaly as it may always be presumed that while employing a particular language in the provision absurdity or anomaly was never intended-Expression, `in the port areas' should be read as, `in or through the port areas' - Civil Appeal and Writ Petition dismissed.

 
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Published in Civil Law
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