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2012 Supreme(Del) 1768

BADAR DURREZ AHMED, SIDDHARTH MRIDUL
S. N. Mohanty – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Petitioners:Parag Tripathi, Sr Adv. with R.M. Patnaik, Anand Varma & Anuj Bhandari, Advocates.
For the Respondents:R1 to R3 -Sachin Dutta, Advocate.

Judgment :

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 subsisti



























































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