Case Note & Summary
The appellant, Dhruva Enterprises, challenged the National Green Tribunal's order dated 17th January 2020, which directed the Ministry of Environment & Forest and Climate Change to conduct an Environmental Impact Assessment (EIA) and public hearing regarding the appellant's mining operations. The appellant had applied for a mining lease for Quartz and Feldspar over 29 hectares in Telangana, but the authorities recommended a lease for only 24 hectares, exempting it from public hearing requirements under the EIA Notification 2006. Respondents 1 to 3 appealed against the Environmental Clearance (EC) granted to the appellant, arguing that the area was reduced to avoid public scrutiny and that the proximity of Singotham Lake posed environmental risks. The Tribunal initially stayed the EC, prompting the appellant to seek relief from the Supreme Court. The Supreme Court, after reviewing the procedural history and the compliance with the EIA Notification, found that the authorities had conducted thorough inspections and maintained the required distance from the water body. The court concluded that the Tribunal had erred in its findings and quashed the Tribunal's order, allowing the appellant's mining operations to proceed. The decision emphasized the importance of adhering to environmental regulations while also recognizing the procedural integrity of the authorities involved in granting the mining lease.
Headnote
A) Environmental Law - Environmental Clearance - Requirement of Public Hearing - EIA Notification, 2006 - The Tribunal's finding that the appellant reduced the area to avoid public hearing was erroneous as the reduction was recommended by authorities. The court held that the appellant complied with the EIA Notification and maintained the required distance from the water body (Paras 23-24).
Issue of Consideration
Whether the National Green Tribunal erred in its findings regarding the reduction of mining area and the proximity to the water body.
Final Decision
The Supreme Court quashed the National Green Tribunal's order dated 17th January 2020, allowing the appellant's mining operations to proceed without the need for an EIA or public hearing.
Law Points
- Environmental Clearance
- Mining Lease
- Public Hearing
- EIA Notification
- National Green Tribunal Act
