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2013 Supreme(SC) 394

AFTAB ALAM, K.S.RADHAKRISHNAN, RANJAN GOGOI
Orissa Mining Corporation Ltd. – Appellant
Versus
Ministry of Environment & Forest – Respondent


JUDGMENT

K. S. RADHAKRISHNAN, J.

1. Orissa Mining Corporation (OMC), a State of Orissa Undertaking, has approached this Court seeking a Writ of Certiorari to quash the order passed by the Ministry of Environment and Forests (MOEF) dated 24.8.2010 rejecting the Stage-II forest clearance for diversion of 660.749 hectares of forest land for mining of bauxite ore in Lanjigarh Bauxite Mines in Kalahandi and Rayagada Districts of Orissa and also for other consequential reliefs.

2. OMC urged that the above order passed by the MOEF has the effect of neutralizing two orders of this Court passed in I.A. Nos. 1324 and 1474 in Writ Petition (C) No. 202 of 1995 with I.A. Nos. 2081-2082 (arising out of Writ Petition No. 549 of 2007) dated 23.11.2007 reported in (2008) 2 SCC 222 [hereinafter referred to as ‘Vedanta case’] and the order passed by this Court in I.A. No. 2134 of 2007 in Writ Petition No. 202 of 1995 on 08.08.2008 reported in (2008) 9 SCC 711 [hereinafter referred to as the ‘Sterlite case’]. In order to examine the issues raised in this writ petition, it is necessary to examine the facts at some length.

FACTS:

3. M/s. Sterlite (parent company of Vedanta) filed an application on 19.3.200
































































































































































































































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