LAWS(SC)-2022-6-29

BALASORE ALLOYS LIMITED Vs. STATE OF ODISHA

Decided On June 06, 2022
BALASORE ALLOYS LIMITED Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) It is not in dispute that the petitioner is not having the Forest Clearance at this stage. Merely because the application for Forest Clearance is pending cannot be treated as having obtained the Forest Clearance permitting the petitioner to carry on the excavation and the mining activities. Under the guise of the order of status quo, the petitioner, who is not having the Forest Clearance cannot be permitted to excavate and/or continue the ng activities. Therefore, as such, the High Court has rightly not extended the order of status quo.

(2.) At this stage, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present Special Leave Petition as the main petition is yet to be considered by the High Court on merits. Permission is, accordingly, granted. The Special Leave Petition stands dismissed as withdrawn.

(3.) Before parting with the present order, we request the High Court to decide and dispose of all such pending matters where the order of status quo is continued since long and the mining activities have been continued under the order of status quo without Forest Clearance, within a period of six months from today without fail.