The court affirmed that all environmental clearances, including for the coal washery, must transfer to the successful bidder, ensuring compliance with original conditions without imposing new restrictions without due process.

JUDGMENT

1. This original application has been filed to enforce the order of Government of India, Ministry of Coal, issued under Section 6 of the Coal Mines Special Provision Act, 2015, named as vesting order with its terms and conditions specifically annexure-03/vesting order in light of the EC granted in favour of the project proponent-applicant in the year 2012.

2. Ministry of Coal issued a letter dated 01.07.1998 allotting the subject coal mine to the prior allottee, JPL. Pursuant to the allocation, MoEF on 22.09.2004 granted. EC to JPL for opencast coal mining of 5.25 MTPA in the subject coal mine. On 27.01.2006, CECB issued letters granting CTO to JPL under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and under Section 25 & 26 of Water (Prevention and Control of Pollution) Act, 1974 . Pursuant to the CTOs, JPL started mining operations at the subject coal mine.

3. On 22.08.2007, MoEF issued Terms of Reference ("TOR") to JPL for expansion of mine capacity for opencast coal mining from 5.25 MTPA to 6.25 MTPA and for underground coal mining of 0.75 MTPA. On 22.08.2007, MoEF also issued another TOR for Coal Washery of 4.75 MTPA proposed to be established by JPL. The EAC recommended preparation of an integrated EIA-EMP report for the coal mine and the washery, both being in the adjoining area. The TOR, inter alia, included preparation of EIA-EMP assessing impact of operation of coal washery, transportation of washed coal to pit head, and other related issues of air, water, and solid waste generation and proposed mitigative measures.

4. MoEF, on 12.06.2012, granted EC to JPL for expansion of opencast coal mining from 5.25 ΜΤΡΑ to 6.25 MTPA and underground mining of 0.75 MTPA (having total combined production of 6.25 MTPA). The EC further granted permission to JPL for establishment of a pit-head coal washery of 4.75 MTPA, wherein the specific conditions (xx), (xxi), (xxii), (xxii), (xxvi), (xxvii), (xxviii), (xxxii) were included in the EC dated 12.06.2012 with respect to coal washery. It may be noted that the only reason behind the combined EC was that the mining and washery proposals were in the adjoining area. Further, CECB granted CTOs for mining and washery separately, being two distinct activities.

5. On 12.02.2013, CECB granted two CTOs to JPL for the Coal Washery of 4.75 MTPA under Section 21 of Air Act and Section s 25 and 26 of the Water Act, for a period of one year from the date of issuance of the said letter i.e., till 11.02.2014 which was subsequently renewed from time to time. Similarly, on 01.01.2014, CECB also granted CTOs to JPL for opencast and underground coal mining project for 6.25 MTPA under the Air Act and Water Act, for a period of one year from the date of issuance of the said letter. Meanwhile, the Hon’ble Supreme Court by its order dated 24.09.2014 in W.P. (Crl.) 120 of 2012 cancelled allocation of 204 coal blocks including the subject coal mine. The Hon’ble Supreme Court in its order identified 42 operational mines, which included the subject mine and permitted such mines to continue their operations till 31.03.2015. CECB on 09.10.2014 renewed CTOs granted to JPL for Coal Washery of 4.75 MTPA, from 12.02.2014 to 11.02.2016.

6. The Central Government conduct