S N MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions raise common issues and are, therefore, being dealt with together. We shall, however, be referring to the facts of WP(C) No.2025/2012 (M/s S.N. Mohanty and Another v. Union of India and Another) for the sake of convenience. Furthermore, we shall be considering the facts insofar as the petitioner No.1 in that writ petition, namely, M/s S.N. Mohanty, is concerned.

(2.) THE prayers made are, inter alia, as under:-

(3.) 04.2011 is not applicable to mining projects / units, which already possess valid and subsisting environmental clearances. It is only in the alternative to this, that a prayer has been made for issuance of an appropriate writ or order quashing the said notification dated 04.04.2011 issued by the Ministry of Environment and Forests, Government of India to the extent it seeks to substitute Column No.5 of Item No.1(a) of the Notification dated 14.09.2006. 4. Before we embark upon a discussion of the rival contentions of the parties, it would be appropriate to briefly refer to the relevant provisions of the said two notifications. The notification dated 14.09.2006 (hereinafter referred to as 'the Notification of 2006') was issued by the Ministry of Environment and Forests under Sections 3(1) and 3(2)(v) of the Environment (Protection) Act, 1986 read with Rule