Case Note & Summary
The petitioner, Shankar Raghunath Jog, a retired government servant and resident of Sancordem, Goa, filed a Public Interest Litigation (PIL) before the Bombay High Court at Goa, challenging the validity of the Environmental Clearance granted to Talaulicar & Sons Pvt. Ltd. (Respondent no.1) for the expansion of its Saniem Sacorda Iron Ore Mine. The Environmental Clearance was initially granted on 25.11.2005 under the Environment Impact Assessment Notification, 1994 (EIA Notification, 1994) for a period of two years, subject to a condition requiring a higher geological study. However, by a letter dated 18.10.2007, the Ministry of Environment and Forest (Respondent no.2) deleted the two-year period condition. The petitioner contended that the clearance expired on 25.11.2010 by virtue of the EIA Notification, 1994, which stipulated a five-year validity for such clearances. He wrote letters to various authorities, including the Goa State Pollution Control Board, but only the Board replied, stating that the clearance was valid. Aggrieved, the petitioner approached the High Court seeking a writ of mandamus to stop mining operations and claiming compensation for environmental damage. The court heard the matter and, after considering the submissions, held that the deletion of the two-year condition by the competent authority was valid and that the Environmental Clearance remained subsisting. The court found no illegality in the mining operations and dismissed the petition. The judgment was pronounced on 12th August 2011 by a division bench comprising Justice S. A. Bobde and Justice F. M. Reis.
Headnote
A) Environmental Law - Environmental Clearance - Validity - EIA Notification, 1994 - The petitioner challenged the continuation of mining operations after expiry of two-year condition in Environmental Clearance. The court held that the condition of two years was deleted by the competent authority (Respondent no.2) by letter dated 18.10.2007, and the clearance remained valid. The court found no illegality in the mining operations. (Paras 3-4) B) Public Interest Litigation - Locus Standi - Environmental Clearance - The petitioner, a resident of the locality, filed PIL alleging illegal mining. The court did not question locus but dismissed the petition on merits, finding no violation of environmental norms. (Paras 3-4)
Issue of Consideration
Whether the Environmental Clearance granted to Respondent no.1 for expansion of Saniem Sacorda Iron Ore Mine expired on 25.11.2010 and whether the mining operations are illegal.
Final Decision
The court dismissed the petition, holding that the deletion of the two-year condition by the competent authority was valid and the Environmental Clearance remained subsisting. No order as to costs.
Law Points
- Environmental Clearance validity
- EIA Notification 1994
- Deletion of condition by competent authority
- Public Interest Litigation
- Locus standi
