The main legal point established in the judgment is that the amendment introduced by the Notification of 2011 should not apply to mining projects with valid and subsisting environmental clearances, in accordance with the Supreme Court's directions in M.C. Mehta v. Union of India and Others.

BADAR DURREZ AHMED, J

1. 1. These writ petitions raise common issues and are, therefore, being dealt with together. We shall, however, be referring to the facts of WP(C) No.2025/2012 (M/s S.N. Mohanty and Another v. Union of India and Another) for the sake of convenience. Furthermore, we shall be considering the facts insofar as the petitioner No.1 in that writ petition, namely, M/s S.N. Mohanty, is concerned.

2. 2. The prayers made are, inter alia, as under:-

"(a) Declare that the notification dated 4th April 2011 shall not be applicable to mining projects / units which already possess valid and subsisting Environmental Clearances (EC);

.(b) In the alternative to prayer (a), issue an appropriate writ order quashing the Notification SO No.695(E) dated 4th April, 2011 issued by the Ministry of Environment and Forests, Government of India insofar that it seeks to substitute Column 5 of Item 1

.(a) of Notification SO No.533(3) dated 14th September, 2006.”

3. As can be seen from the prayers indicated above, the petitioners essentially seek a declaration that the notification dated 04.04.2011 is not applicable to mining projects / units, which already possess valid and subsisting environmental clearances. It is only in the alternative to this, that a prayer has been made for issuance of an appropriate writ

or order quashing the said notification dated 04.04.2011 issued by the Ministry of Environment and Forests, Government of India to the extent it seeks to substitute Column No.5 of Item No.1(a) of the Notification dated 14.09.2006.

1. 4. Before we embark upon a discussion of the rival contentions of the parties, it would be appropriate to briefly refer to the relevant provisions of the said two notifications. The notification dated 14.09.2006 (hereinafter referred to as 'the Notification of 2006') was issued by the Ministry of Environment and Forests under Sections 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 read with Rule 5(3)(d) of the Environment (Protection) Rules, 1986 and was in supersession of the earlier Notification of 27.01.1994. By virtue of the Notification of 2006, the Central Government directed that on and from the date of the publication of the said notification, the required construction of new projects or activities or the expansion or modernisation of the existing projects or activities listed in the Schedule to the said Notification entailing capacity addition with change in process and / or technology can be undertaken in any part of India only after the prior environmental clearances from the Central Government or, as the case may be, by the State Level Environment Impact Assessment Authority duly constituted by the Central Government under Section 3(3) of the said Act, in accordance with the procedures specified in the notification. It is important to note that this notification was in respect of new projects or activities or the expansion or modernisation of the existing projects or activities listed in the Schedule to the Notification which entailed capacity addition with a change in process and / or technology.

2. 5. We now move on to paragraph 2 of the Notification of 2006 which reads as under:-

“2. Requirements of prior Environmental Clearance (EC):-The flowing projects or activities shall require prior environmental clearance from the concerned regulatory authority, which shall hereinafter referred to be as the Central Government in the Ministry of Environment and Forests for matters falling under Category ‘A’ in the Schedule and at State level the State Environment Impact Assessment Authority (SEIAA) for matters falling under Category ‘B’ in the said Schedule, before any construction work, or preparation of land by the project management except for securing the land, is started on the project or activity:

(i) All new projects or activities listed in the Schedule to this notification;

(ii) Expansion and modernization of existing projects or activities listed in the Schedule to th