Rajasthan High Court - Jodhpur
Hindustan Zinc Limited vs Union Of India on 8 January, 2021
Bench: Indrajit Mahanty, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Civil Writ Petition No. 10226/2020
Hindustan Zinc Limited
----Petitioner
Versus
Union Of India
----Respondent
For Petitioner(s) : Dr. Sachin Acharya
For Respondent(s) : Mr. Mukesh Rajpurohit
Both through CISCO Webex
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE DINESH MEHTA
Order 08/01/2021 I.A. No.1/21 :
1. The petitioner - Company has moved the present application, seeking modification of the interim order dated 07.10.2020, vide which the parties were directed to maintain status quo.
2. The applicant has indicated in this application that the petitioner has moved an application for grant of environment clearance in relation to the Modified Mining Plan for 1.5 MPTA Lead-Zinc Ore Production from Bamnia Kalan Mine for the period from 2019-20 to 2022-23 and the same is pending consideration with the competent authority.
3. Dr. Sachin Acharya, learned counsel for the applicant Company while apprehending that the decision of the present writ petition may take some time, as the respondents have not even filed their reply, submitted that it would be in the fitness of things (Downloaded on 11/01/2021 at 08:48:27 PM) (2 of 2) [CW-10226/2020] that in the meantime, the applicant - Company be permitted to pursue its application for grant of environment clearance.
4. Learned counsel undertook that the applicant Company will not claim any equity or right on account of grant of environment clearance.
5. Mr. Rajpurohit, learned counsel appearing for the respondent UOI though did not seriously oppose such prayer but however apprehended that the applicant Company may commence excavation and production in furtherance of the environment clearance.
6. Having regard to the submissions so made, the present application is disposed of with the clarification that the interim order dated 07.10.2020 will not come in the way of the applicant
- Company and the Ministry of Environment & Forest to process and grant applicant's application for grant of environment clearance in accordance with law.
7. It is, however, made clear that the applicant shall not be permitted to commence mining operations in furtherance of the environment clearance (if granted), without the leave of the Court. (DINESH MEHTA),J (INDRAJIT MAHANTY),CJ m-70-ArunV/-
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