- (1.) The Petitioner has come forward with this Writ Petition by way of Public Interest Litigation challenging the Letters of Consent, dated 16.12.2010, given by the Third Respondent to the First Respondent to establish the Titanium Dioxide Manufacturing Unit along with 2 MW Biomass based cogeneration Power Plant. According to the Petitioner, their main attack is that in order to safeguard the mining leases holding by the members of the Petitioner-Federation and the mining lease applied areas of the members of the Petitioner-Federation, they have filed this Public Interest Litigation. According to the Petitioner, the Second and Third Respondents should consider and appraise the raw material resources and water resources of the unit which has not been done properly before issuance of the Letter of Consent. They would mainly contend that to run the industry, huge quantity of ground water has to be utilised every day and permission granted to tap only one lakh litres per day but the quantity will not be sufficient. Therefore, they apprehend that the First Respondent may tap the ground water which ultimately result in depletion of water and therefore, the environment will be put to risk.
(2.) Further, they would mainly contend that the minor lease of BMC Pvt., Ltd., which is the holding Company of the First Respondent-Unit has failed to obtain the Letter of Consent to establish mining lease and already certain Show Cause Notices were issued to BMC Pvt. Ltd., in the year 2007 hence, they ought not to have granted the Letter of Consent. Further, as the raw materials mining licence obtained by BMC Pvt. Ltd., itself is not proper they ought not to have granted the Letter of Consent. Further, they would only contend that if the production is started it will affect the rights of the members in their Federation. Therefore, they have come forward with this Public Interest Litigation.
(3.) The First Respondent has filed a detailed Counter. At the outset, they would mainly contend that the Petitioner himself being a business rival institution running under the name and style of Placer Mineral Industry, he cannot maintain the Public Interest Litigation. Further, in the Affidavit, they have categorically stated that this will affect the members of the Federation and Association. Therefore, a person who has interest cannot file a Public Interest Litigation.;