Limitation | Delay Condonation Cannot Be An Act Of Generosity: Supreme Court Refuses To Condone 31-Year Delay To Challenge Decree Sentence Suspension In Murder Cases Only Under Exceptional Circumstances; Presumption Of Innocence Erased Upon Conviction: Supreme Court Inquiry Commission Report Cannot Be Used For Disciplinary Action If Statutory Right To Cross-Examine Denied: Gauhati High Court Use Of Trademark On Website Accessible In India Constitutes Domestic Use, Geo-Blocking Mandatory For Territorial Restrictions: Delhi High Court Civil Court Jurisdiction To Interfere With DRT Proceedings Is Absolutely Barred Even For Third Parties: Madras High Court Adding a Prefix Can’t Erase Deceptive Similarity – Delhi High Court Orders Removal of ‘ARUN’ from Trademark ‘AiC ARUN’ Cannot Resile From Mediated Settlement After Taking Benefits: Supreme Court Quashes Wife's DV Case, Grants Divorce Absolute Indemnity Obligation Triggers Immediately Upon Court-Directed Deposit, Not On Final Appeal: Supreme Court Magistrate Directing Investigation Under Section 156(3) CrPC Only Requires Prima Facie Satisfaction Of Cognizable Offence: Supreme Court Cancellation Of Sale Deed Under Specific Relief Act Not A Pre-Condition To Initiate Criminal Case For Forgery: Supreme Court Amalgamated Company Cannot Claim Set-Off Of Predecessor's Losses Under Kerala Agricultural Income Tax Act Without Specific Statutory Provision: Supreme Court Overlapping Split Chargesheets May Raise Double Jeopardy Concerns, Supreme Court Notes While Granting Bail To Former Jharkhand Minister Supreme Court Grants Bail To Convicted Ex-Jharkhand Minister Facing Overlapping Prosecutions From Split Chargesheets Electricity Act Appellate Authority Is A Quasi-Judicial Body Subject To High Court’s Supervisory Jurisdiction: Madhya Pradesh High Court Mere Discrepancy In Date Of Birth Across Certificates Doesn't Amount To Fraud If No Undue Advantage Is Derived: Allahabad High Court Interest Earned On Funds Temporarily Parked Pending Project Deployment Cannot Be Taxed As 'Income From Other Sources': Delhi High Court Reference Court Cannot Set Aside Collector's Award Or Remand Matter For Fresh Determination: Allahabad High Court Administrative Transfer Causing Revenue Loss Defies Court Process: Calcutta High Court Strikes Down Ferry Ghat Handover Government Can Resume Leased Land For Public Purpose; 'Substantial Compliance' Of 60-Day Notice Sufficient: Kerala High Court Revenue Can't Cite Pending Litigation to Justify One Year of Adjudication Inaction: Karnataka High Court

Supreme Court Allows Continued Operation of Tamil Nadu Power Plant in Public Interest: Compliance with Conditions Emphasized

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has permitted the continued operation of the M/s IL&FS Tamil Nadu Power Company Limited's thermal power plant in Tamil Nadu. The judgment, delivered by Justice M.R. Shah, emphasizes the importance of compliance with the conditions imposed in the Environmental Clearance (EC) and a subsequent corrigendum.

The headline quotes from the judgment highlight the significant decision made by the Supreme Court. It underscores the court's recognition of the public interest involved in the power plant's continued operation. The judgment acknowledges the power deficit situation in Tamil Nadu and the adverse consequences that would arise from closing the plant, which currently supplies power to approximately 40 lakh households.

The court acknowledged the appellant's compliance with the clearance conditions and the submission of six-monthly reports to the Ministry of Environment, Forest and Climate Change (MoEF). The power plant employs imported coal with low sulfur content and has a Flue Gas Desulphurisation (FGD) system in place, ensuring compliance with SO2 standards. The court recognized the substantial investment made by the appellant, amounting to Rs. 775 crores, for the installation of the FGD system.

Furthermore, the court considered the appellant's affiliation with the IL&FS Group, which is undergoing restructuring. It highlighted the value realization and recovery of public sector undertaking (PSU) debt as being in the larger public interest. The appellant's corporate social responsibility (CSR) initiatives, including the adoption of several villages in the surrounding areas, were also mentioned.

Regarding the maintainability of the appeal, the court ruled that an appeal against the corrigendum to the EC would be permissible if the original EC was not under challenge or had been confirmed earlier by the National Green Tribunal (NGT) on certain conditions. The scope of the appeal was limited to the corrigendum and the additional conditions imposed.

While permitting the continued operation of the power plant, the court emphasized the importance of full compliance with the conditions mentioned in the EC and the corrigendum. It noted that there were no fundamental breaches or non-compliance, but certain conditions required further compliance within the stipulated time. The court's order reflects the commitment to ensuring environmental standards are met while allowing the power plant to continue operating.

Date of Decision: February 17, 2023

M/s IL&FS Tamil Nadu Power Company Limited vs Muruganandam & Others

Latest Legal News