LAWS(ORI)-2012-1-9

VEDANTA ALUMINIUM LIMITED Vs. UNION OF INDIA, REPRESENTED THROUGH IT SECRETARY MINISTRY OF ENVIRONMENT AND FORESTGOVERNMENT OF INDIA, NEW DELHI

Decided On January 19, 2012
VEDANTA ALUMINIUM LIMITED Appellant
V/S
UNION OF INDIA, REPRESENTED THROUGH ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FOREST, GOVERNMENT OF INDIA, NEW DELHI Respondents

JUDGEMENT

(1.) THIS Review petition has been filed with a prayer to review / recall the judgment dated 19.07.2011 passed in W.P.(C). No.19605 of 2010.

(2.) WHILE the Review petition was being heard, learned counsel for the parties appearing in the review petition were directed to make submission on merits, as prima facie case for review of the order passed in W.P.(C) No.19605 of 2010 was made out by the petitioner.

(3.) NOW, the question arises as to whether the construction activities undertaken for expansion of the project without adhering to the provisions of EIA Notification, 2006 can be regularized on the basis of Office Memorandum dated 16.11.2010 (Annexure-32). In view of the above settled legal position, the answer is certainly in the negative.