- (1.) Delay condoned. Leave granted in SLP(C) ../2016 @ CC No.20925 of 2012. 1. These appeals are directed against a Division Bench judgment dated 12.08.2011 of the High Court of Bombay at Goa in Public Interest Litigation Writ Petition No.6 of 2011. The said writ petition was moved at the instance of the second respondent herein with a prayer that the appellant was originally granted environmental clearance for the expansion of Saniem Sacorda Iron Ore Mine on 25.11.2005 for two years, that by a subsequent letter dated 18.10.2007 of the first respondent, the two years period to conduct a higher geological study was deleted, that by virtue of the conditions stipulated in the Notification dated 27.01.1994 read along with the Notification dated 04.05.1994 such environmental clearance granted in favour of the appellant expired on 25.11.2010 and that in spite of such expiry, the appellant continued to indulge in mining operations. The second respondent therefore contended that such illegal mining activity of the appellant was not controlled by the first respondent even after the second respondent's communication dated 30.11.2010. It was on the above said basis, the second respondent prayed for the issuance of the mandamus directing the first respondent to stop the operation of Saniem Sacorda Iron Ore Mine of the appellant and also direct for payment of compensation for having caused environmental damage.
(2.) The Division Bench of the High Court having made a detailed analysis of the grievance of the second respondent as a local resident, the relevant provisions of the Statute as well as the Environment Impact Assessment (EIA) Notification dated 27.01.1994, took the view that the clearance granted in favour of the appellant in the order dated 25.11.2005 for the expansion of Saniem Sacorda Iron Ore Mine was initially for a period of two years as per the EIA Notification of 1994 and that such clearance can be valid only for a period of five years as is stipulated in the EIA Notifications and the relevant Rules. The Division Bench ultimately held that the appellant was carrying on the mining operations without a valid subsisting environmental clearance and while granting liberty to the appellant to seek an extension/renewal of the environmental clearance for a further period, in accordance with law, within a period of three months also directed that in the event of non-grant of any such environmental clearance, the appellant should discontinue mining operations of the concerned mine, till such time environmental clearance is granted. While holding so, the Division Bench made it clear that the validity of the environmental clearance granted in favour of the appellant was only for a period of five years from the date of commencement of the operation of the mining projects / expansion of the project carried out by the appellant. Aggrieved by the said judgment of the Division Bench, the appellant is before us.
(3.) It will be worthwhile to note certain observations of the Division Bench before passing final orders in these appeals. While considering the question whether the validity of the environmental clearance granted in favour of the appellant would be limited for a period of five years or more, the Division Bench made a reference to Para 2(III)(c) of the EIA Notification of 1994 wherein it was stipulated that clearance granted would be valid for a period of five years from the commencement of the construction or operation of the projects, that such prescription of the period has got a nexus to the environment protection. In that context, the Division Bench further observed that the purpose and object of the Environment Protection Act and the Rules framed there under must be given its full effect, that if there is no check on the environment hazard at the time of carrying out the mining activities, it could lead to degradation of the environment, that carrying out impact assessment within specific period would assist in ascertaining the adverse effect of the project activity which is sought to be pursued by the project proponent, that any activity carried out in respect of specific projects such as mining, requires environmental clearance in order to see that such activities would not result in further degradation of the environment affecting the life of the residents in the locality and therefore the prescription of limited period had a nexus to the grant of environmental clearance. The Division Bench also rejected the claim of the appellant that once the environmental clearance was granted, the same would be valid for thirty years based on the subsequent Notification of 2006 in supersession of the Notification dated 27.01.1994.;