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2012 Supreme(J&K) 320

JAMMU & KASHMIR HIGH COURT
Virender Singh, Mohammad Yaqoob Mir, JJ.
Rinkoo Sharma -Appellant
Versus
Union of India & Ors. -Resopndent
WP PIL No. 02/2012 c/w WPPIL No. 03/2012
Decided On : 10-07-2012

Advocates Appeared:
Mr. Dewakar Sharma , Vilakshan Singh Advocates for the Petitioner.
Mr. D. C. Raina, Sr. Advocate with Mr. Vishal Bharti, Mr. K. K. Pangotra, ASGI, Mr. Z. A. Shah, Sr. Advocate with Mr. Vipin Gandotra, Advocates for the respondents.

Prematurity of petitions and compliance with rules for filing writ petitions in public interest

Headnote:

Mining - Environmental Clearance - Wildlife Sanctuary - EIA Notification 2006 - Forest (Conservation) Act 1980 - WPPIL No. 02/2012, WPPIL No. 03/2012 - EIA Notification dated 24th September, 2006, Wildlife (Protection) Act, 1972, Forest (Conservative) Act 1980

Fact of the Case:

The petitioners, advocates, challenged the de-notification of Trikuta Wildlife Sanctuary and the environmental clearance for a mining project. The respondents highlighted the eco-friendly nature of the mining project and the potential benefits to the country's economy.

Finding of the Court:

The court found both petitions to be premature as the de-notification and environmental clearance were subject to the orders of the Supreme Court. The petitioners also failed to comply with the rules regarding filing of writ petitions in public interest.

Issues: Prematurity of the petitions, compliance with rules for filing writ petitions in public interest

Ratio Decidendi: The court dismissed the petitions due to prematurity and non-compliance with the rules for filing writ petitions in public interest.

Final Decision: Both petitions were dismissed along with connected CMAs.

Per Yaqoob Mir, J.—

1. The petitioner in WPPIL No. 02/2012 is an advocate, likewise in WPPIL No. 03/2012 petitioners also an advocates and claim to have contributed to various social and environmental causes. In both the petitions, petitioners have projected particular grievances against the de-notification of protected Wildlife Sanctuary named Trikuta Wildlife Sanctuary claiming therein that the authorities have not adhered to various Supreme Court guidelines. In addition, have claimed that the proposed mining is a potential threat to environment and public health.

2. In WPPIL No. 02/2012 petitioner has challenged the validity of the environ#31;mental clearance as granted by respondent No. 1 dated 3rd May, 2012, whereas in WPPIL No. 03/2012 petitioners therein have in addition challenged the other recommendations vis-a-vis de-notification of Trikuta Wildlife Sanctuary, extraction of high grade magnasite, deposit at Chipprian Hills, setting up of dead burnt magnasite plant at Panthal and also have sought direction so as to command respondent No. 9-Chairman Shri Mata Vaishno Devi Shrine Board to prevent him from alienating the land in violation to the provisions of Shri Mata Vaishno Devi Shrine Board Act, 1988.

3. National Mineral Development Corporation (NMDC) Limited-respondent No. 7 in WPPIL No. 03/2012, a Central Public Sector Enterprises, established in the year 1958 is stated to have contributed a lot to the Nation for developing various Mining Projects. The Government of India, as a policy decision, desired this Com#31;pany to spread its activities across the length and breadth of the Country and conduct mining operations of various minerals in the most eco-friendly manner with ultra modern mechanization. In the same background, NMDC Limited has incorporated the Jammu and Kashmir Mineral Development Corporation (J&KMDC) in the year 1989 for the development of eco-friendly mining industry in the State of Jammu and Kashmir.

4. The project under challenge is for mining/extraction of Magnesite (MgCO3), situated in Chipprian Hills of Sivalik Mountain. According to NMDC Limited the results proved that Panthal Magnesite deposit is having highest grade MgCO3, i.e., between 93% to 95%. The targeted production of 30,000 tons of this high grade Magnesite by NMDC/JKMDC would be major import substitute and will reduce the burden of foreign exchange of the Country.

5. It is stated by the said J&KMDC and NMDC (respondent Nos. 6&7) that with the aid of ultra modern technology, both the mine site as well as their plant are not only eco-friendly, but also highly ultra modern, thereby leaving no wastage or effluents which are detrimental to the ecology and environment in the vicinity. The proposed project is stated to be of for reaching benefits.

6. In the year 1988, respondent No. 7 had applied to the State Government for grant of mining lease of 'Magnesite' and 'Dolomite' based on which the State Government decided to set up a joint sector company in the public sector to be formed by respondent No. 7. Necessary formalities as a result thereof were com#31;pleted. The proprietary land measuring 477 Kanals and 05 Marias has remained in possession of respondent Nos. 6&7 on lease to be used for extraction of the minerals.

7. Respondent Nos. 6&7 tor achieving object had undertaken the process of obtaining requisite NOCs/permission from the concerned authorities. In the pro#31;cess, Government of India, Ministry of Environment and Forests-respondent No. Ivide its letter dated 3rd May, 2011 addressed to respondent No. 6 (J&KMDC) has accorded environmental clearance to the said project under the provisions of EIA Notification dated 24th September, 2006 subject to strict compliance of 21 Specific conditions and 25 general conditions incorporated therein which include clearance under the Wildlife (Protection) Act, 1972 from the National Board for Wildlife. Specific condition No. ii reads as under:

"i. Environmental clearance is subject to final order of th















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