VEDANTA ALUMINIUM LIMITED, REPRESENTED BY DR. MUKESH KUMAR, PRESIDENT AND CHIEF OPERATING OFFICER S/O. BABU LAL JAISWAL Vs. UNION OF INDIA (UOI) AND ANR.

JUDGEMENT

(1.) THIS writ petition has been filed praying for the following reliefs:

(2.) THE Petitioner's case in a nutshell is that it is a registered company under the Companies Act, 1956, having its registered office at SIPCOT Industrial Complex, Madurai Bypass Road, T.V. Puram, P.O. Tuticorin -628 002, Tamil Nadu and site office at Via -Viswanathpur, P.O. Lanjigarh, -766027, Dist: Kalahandi, Orissa. On 27.01.1994, the Ministry of Environment and Forests issued the Environment Impact Assessment (for short, "EIA") Notification, 1994 under Section 3 of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986. On 17.08.2002, Sterlite Industries (I) Ltd. (for short, "Sterlite"), the Petitioner's predecessor - in - interest submitted its application for the establishment of the IMTPA Alumina Refinery and 75 MW Captive Power Plant" at Lanjigarh, Kalahandi, Orissa to the Orissa State Prevention and Control of Pollution Board under Section 25 of Water (Prevention and Control) Act, 1974 and under Section 21 of Air (Prevention and Control) Act, 1981. On 19.03.2003, Sterlite also submitted an application to opposite party No. 1 -Union of India, represented through its Secretary, Ministry of Environment and Forests seeking environmental clearance for the said project. On 07.06.2003, Sterlite entered into a Memorandum of Understanding (for short, "MOU") with the Government of Orissa for setting up of the IMTPA Alumina Refinery and 3MTPA of Bauxite mining facilities as well as for the installation of a 4 x 25 MW captive power plant, at an aggregate investment of Rs. 4000 crores. On 22.09.2004, opposite party No. 1 -Union of India granted its approval for setting up of the said project subject to the conditions stipulated in the said letter. On 14.09.2006, opposite party No. 1 issued the EIA Notification, 2006 which was in super cession of the earlier Notification of 1994.

(3.) ON 21.03.2009, opposite party No. 1 issued an advertisement in two local newspapers about the public hearing to be held on 25.04.2009 in compliance with the EIA Notification, 2006 for grant of environmental clearance for the expansion of the said project. On 30/31.03.2009, opposite party No. 2 conducted an inspection of the Petitioner's project and recorded the Petitioner's consent to operate conditions prescribed by opposite party No. 2 and the Petitioner's compliance in respect of the same. This pertains to the existing projects. On 12.05.2009, the Member Secretary of opposite party No. 2 forwarded to the Secretary of opposite party No. 1, a copy of the proceeding of the public hearing conducted on 25.04.2009 in respect of the proposed expansion. According to the Petitioner, the said proceedings certified that the overall opinion of the public was favourable towards the expansion project.