UTKARSH MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in this writ petition is to an order dated 14th October 2008 passed by the National Environmental Appellate Authority ("NEAA "), New Delhi dismissing the Appeal No. 12 of 2007 filed by the Appellant. The petitioners also seek the quashing of an order dated 26th July 2007 issued by the Ministry of Environment and Forests ("MoEF "), Government of India granting Environment Clearance to M/s. Panduranga Timblo Industries, Margao, Goa, Respondent No.3 herein for renewal of the mining lease in respect of the Borga Iron Ore Mine (ML-II). The NEAA has in the impugned order affirmed the said order dated 26th July 2007 of the MoEF granting environmental clearance. Background facts

(2.) THE background facts leading to the petition are that the Respondent No.3 is the lessee of Borga Dongrachem Fall Mine [71.1980 hectares, TC No. 29/52] and Sociedade Timblo Irmaos Ltd is the lessee of Oiteiro Borga Do Bairro Queri Mine [89.5 hectares, TC No. 34/50]. The said mines produce 0.20 MTPA iron ore and are located at Village Rivona, Tehsil Sanguem in District South Goa in Goa. In the 1980s the leases were operated by Respondent No.3 for iron, manganese and ferro manganese. The mines are stated to have been worked till 1994. With the increase in the demand for iron ore from countries like China, South Korea and Japan, there was renewed interest in re-starting the mining operations. It is stated that on 13th January 2006 a Combined Mining Scheme along with a Progressive Mine Closure Plan was approved by the Government of Goa. On 17th April 2006 the Respondent No.2 applied for renewal of the lease which was due on 22nd November 2007. The EIA Notification

(3.) IN terms of the EIA Notification, the procedure for grant of EIA clearance involved: