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2010 Supreme(SC) 134
(2010) 12 Supreme Court Cases 376
IN THE SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., S.H. KAPADIA AND AFTAB ALAM, JJ.)
T.N. GODAVARMAN THIRUMULPAD ……Petitioner;
Versus
UNION OF INDIA AND OTHERS …….Respondents.
IAs Nos. 1868,2091,2225-27,2380 and 2568 in WP (C) No. 202 of 1995 with IAs Nos. 2079-80, 2301-03, 2546, 2670 in WP (C) No. 202 of 1995, f WP (C) No. 301 of 2008, IAs Nos. 2228-29, 2575-78, 2609-10 in WP (C) No. 202 of 1995 and CAs Nos. 8133-35 of 2003
Decided on : February 5, 2010
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.
Headnote:Mining laws – Mining operations in forest areas of Meghalaya – MEF directed closure of mining operations back in 2007 – CEC submitting report on mining activity by M/s Lafarge Umiam Mining (P) Ltd. – Court was informed about mining activities by four other companies – CEC directed to file further report – Lafarge directed to stop mining activities for the time being. (Para 2, 3)
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 to stop the mining activities in the State of Meghalaya. The Company will be at liberty to move any mined material that might be lying there subject to furnishing accounts but no further mining activities shall be carried on till further orders. Further, the Company will inform CEC about the mined materials lying with it within three days.
4. List on 19-3-2010.
IAs Nos. 2079-80, 2301-03, 2546, 2760 in WP (C) No. 202 of 1995 and WP (C) No. 301 of 2008
5. Mr. Harish N. Salve, learned Senior Counsel and Amicus Curiae started his arguments at 2.30 p.m. and was on his legs when the Court rose for the day, leaving the matter as part-heard.
6. List on 19-3-2010 as part-heard.
IAs Nos. 2228-29, 2575-78 in WP (C) No. 202 of 1995
7. List on 26-3-2010.
IAs Nos. 2609-10 in WP (C) No. 202 of 1995
8. List on 12-3-2010 on top of the board.
CAs Nos. 8133-35 of 2003
9. Adjourned.
Court Masters•
