JUDGMENT

ORDER:— On 30th August, 1988 the connected writ petitions bearing Nos. 8209 and 8821 of 1983 were disposed of by this Court (reported in AIR 1988 SC 2187). The Court observed that there is no dispute that continuance of mining operations affects environment and ecology adversely and at the same time creates a prejudicial situation against conservation of forests, and held (Para 16) :

"The writ petitions before us are not inter-party disputes and have been raised by way of public interest litigation and the controversy before the Court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the Court. Even if it is said that there was a final order, in a dispute of this type it would be difficult to entertain the plea of res judicata."

The Court ultimately came to hold that mining activity in the