HINDUSTAN COPPER LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition was filed on 01.05.2014 and it was listed for hearing on 13.06.2014. On 13.06.2014, the learned Assistant Solicitor General of India representing the Union of India appeared and at the request of the counsel for the petitioner, the matter was fixed for 16.06.2014. When the matter came up for hearing, the counsel for the Union of India took two weeks' time for filing counter-affidavit. On 30.06.2014, further two weeks' time was allowed to the Union of India for filing counter-affidavit and it was made clear that if the Union of India fails to file counter-affidavit the matter shall be decided on the basis of materials available on record. It was also indicated in order dated 30.06.2014 that, "pendency of this writ application would not stand in the way of Union of India for grant of Terms of Reference for environment clearance in favour of the petitioner". The matter was listed on 14.07.2014, when two weeks' time was again granted to the Union of India for filing counter-affidavit however, no counter-affidavit has been filed on behalf of the Union of India. In the above circumstance, on 20.11.2014 the matter was thus heard on the basis of the materials available on record. On 21.11.2014, the counsel appearing for the parties concluded their argument and the matter was reserved for orders.

(2.) Aggrieved by order contained in letter dated 07.04.2014 whereby, the petitioner-Hindustan Copper Limited has been informed by the Ministry of Environment and Forests, IA Division, Government of India, that further action on the proposal of the petitioner would be taken after the response from the petitioner and the State Government are received and in the meantime, the proposal of the petitioner-company has been de-listed from the pending list, the present writ petition has been filed.

(3.) The petitioner is engaged in the business of raising Copper ore from Surda Copper Mines, in respect of which, the predecessor-in-interest of the petitioner was granted a mining lease at Mosabani on 16.6.1939. Under Section 3(1) of the Indian Copper Corporation (Taking Over of Management) Act, 1972, the management and undertaking of the Indian Copper Corporation Limited was taken over and stood transferred to and vested in the Central Government with effect from 21.09.1972. Vide Gazette Notification dated 25.09.1972 all the properties, assets/liabilities and obligations stood vested in the Hindustan Copper Limited. The first renewal of Surda Copper Mines was granted with effect from 16.06.1984 for a period of 20 years. On 05.06.2004, the petitioner submitted application for 2nd renewal of the mining lease which was granted by executing a formal lease dated 22.02.2007 with effect from 16.06.2004 for a period of 10 years. The petitioner submitted application under Section 25/26 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 for "consent to operate" which were duly granted. Two years before the 3rd renewal for the Surda Copper Mines became due on 16.06.2014, the petitioner submitted its application in Form-I and draft Terms of Reference (T.O.R.) on 14.03.2012. On 21.06.2012, the petitioner submitted its revised Form-I before the Expert Appraisal Committee for capacity expansion and lease renewal and the said proposal was taken up for consideration in 28th meeting of the Expert Appraisal Committee. The minutes of the 28th meeting of the Expert Appraisal Committee dated 21.06.2012 was uploaded on the official website of the Ministry of Environment and Forest on 21.07.2012. A draft Environment Impact Assessment Report was got prepared by the petitioner from MECON. The Jharkhand State Pollution Control Board directed the petitioner to make its technical presentation on 30.04.2013 and accordingly, the petitioner made technical presentation for Environment Impact Assessment plan for Surda mining lease. For the first time, on 08.05.2013 the respondent No. 4 communicated the petitioner that, since the petitioner continued mining operation without prior environment clearance, it has been put under the category of "violation case". Vide letter dated 13.05.2013 and 15.05.2013, the petitioner represented to the Ministry of Environment and Forests that the lease for Surda Mines was renewed with effect from 16.06.2004 that is, prior to MoEF Circular dated 28.10.2004 and thus, it was; not required to obtain prior environment clearance at the time of renewal of the mining lease. The Secretary, Ministry of Mines, Government of India vide letter dated 02.08.2013 requested the Secretary, Ministry of Environment and Forests, Government of India for his intervention in resolving the matter to facilitate issuance of T.O.R. by MoEF for expansion of Surda Mines. The Minister of Mines, Government of India also wrote a letter on 05.09.2013 to the Minister of State for Environment and Forests, Government of India for her intervention for resolving the issue. The petitioner-company also again approached the Ministry of Environment and Forests, Government of India vide letters dated 02.01.2014 and 12.03.2014 for prescribing T.O.R. for environment clearance for capacity expansion of Surda Copper Mines however, vide letter dated 07.04.2014, the petitioner-company was informed by the Ministry of Environment and Forests that the Ministry has decided to de-list its project from the pending list.