T. N. GODAVARMAN THIRUMULPAD vs UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(SC) 134

K. G. BALAKRISHNAN, AFTAB ALAM, S. H. KAPADIA
T. N. GODAVARMAN THIRUMULPAD – Appellant
Versus
UNION OF INDIA – Respondent

Advocates appeared:
Harish N. Salve (Amicus Curiae), U.U. Lalit (Amicus Curiae)(NP), Senior Advocates, [Siddhartha Chowdhury (Amicus Curiae), A.D.N. Rao (Amicus Curiae) and P.K. Manohar, Advocates] for the Petitioner;
H.P. Raval, Additional Solicitor General, Anil B. Divan, Ranjit Kumar, Mukul Rohatgi, Dr. Abhishek M. Singhvi, Jayant Bhushan, K.K. Venugopal and Raju Ramachandran, Senior Advocates [Haris Beeran, Somiran Sharma, Dhruv Mehta, Yashraj Singh Deora, R.D. Soni, Mohit Abraham (for M/s K.L. Mehta & Co.), Ms Kiran Bhardwaj (for Ms S.N. Terdal), Sanjeev K. Kapoor, Avinash Menon, M/s Khaitan & Co., Ranjan Mukherjee, Ms Anitha Shenoy, M/s Mitter & Mitter & Co., Asha G. Nair, Vimal Chandra S. Dave, Sanjay Jain, Aarohi Bhalla, Ms Sujata Kurdukar, Amit Mahajan, Garvesh Kabra, Ms Shobha, Mohinder Thakur, Prithvi Pal, Subodh S. Patil, Shivaji M. Jadhav, Manish Kr. Bishnoi, Gautam Talukdar, R.K. Gupta, Rajeev K. Dubey and Kamlendra Mishra, Advocates] for the Respondents.

ORDER

IAs Nos. 1868, 2091, 2225-27, 2380 and 2568 in WP (C) No. 202 of 1995

1. CEC has filed a report concerning the mining activities carried on by the applicant, M/s Lafarge Umiam Mining (P) Ltd. on their "Nongtrai Limestone Mine" in Meghalaya. As early as on 30-4-2007 the Ministry of Environment and Forests had directed the closure of the mining activities in those areas as it is a forest area and there was no requisite permission by the appropriate authorities. No other order by the Ministry of Environment and Forests subsequent to the one dated 30-4-2007 was brought to our notice.

2. We are further informed that apart from M/s Lafarge Umiam Mining (P) Ltd., there are four other companies/agencies engaged in mining activities in that area. These operators also deliver the mined products to Bangladesh. In the CEC Report there is no mention of any mining activities carried on by any company/agency other than M/s Lafarge Umiam Mining (P) Ltd. CEC is directed to furnish further report concerning the mining activities of the four companies/agencies other than M/s Lafarge Umiam Mining (P) Ltd.

3. In view of these facts, for the time being, M/s Lafarge Umiam Mining (P) Ltd. is directed

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2010 Supreme(SC) 134

K. G. BALAKRISHNAN, AFTAB ALAM, S. H. KAPADIAT. N. GODAVARMAN THIRUMULPAD – AppellantVersusUNION OF INDIA – Respondent

K. G. BALAKRISHNAN, AFTAB ALAM, S. H. KAPADIA
T. N. GODAVARMAN THIRUMULPAD – Appellant
Versus
UNION OF INDIA – Respondent