National Green Tribunal
Prafula Samantra vs Moef And Others on 28 July, 2011
BEFORE NATIONAL GREEN TRIBUNAL
NEW DELHI
REVIEW APPLICATION NO. 3/2010
(ARISING OUT OF NEEA APPEAL No. 18 to 21/2009)
PRAFULLA SAMANTRA
...........................APPELLANT
VERSUS
MINISTRY OF ENVIRONMENT FORESTS & ORS
....................RESPONDENTS
For Review Applicant: S/s Dhruv Mehta, Sr. Adv.
Dr. Saif Mahmood, Adv.
For Respondents: S/s Raj Panjwani, Sr. Adv.
Rahul Chaudhary, Adv.
Swetketu Mishra, Adv.
Sudhir Kathpolia, Adv.
Ms. Suparna Srivastava, Adv.
Ms. Neelam Rathore
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Justice A.S. Naidu (Judicial Member)
Dr. G.K Pandey (Expert Member)
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ORDER
Justice A. S. Naidu The Environment Clearance accorded by Ministry of Environment and Forests vide its letter dated 28th April, 2009, to the Lanjigarh Bauxite mining project of M/S The Orissa Mining Corporation was assailed by Shri Prafulla Samantra and others in four separate appeals. The said Appeals were registered as Appeal Nos. 18, 19, 20 and 21 of 2009 before the erstwhile National Environment Appellate Authority (herein after referred as "The Authority" for the sake of brevity).
After prolonged hearing, by a reasoned order dated 15 th September, 2010, the Authority remitted the matter to the Ministry with a direction to revisit the Environment Page 1 of 2 Clearance granted to the said Project. The Authority further directed that till the process is completed, the Environment Clearance granted by the Ministry shall remain suspended.
Being aggrieved by the order dated 15th September, 2010, passed by the Authority the present Review Application was filed. The order of remand is challenged on several grounds.
While matter stood thus, the proposal for grant of Stage II Forest Clearance for the aforesaid project was rejected by the Ministry of Environment & Forests, consequently, the Environmental Clearance granted to the Project automatically became infractuous and inoperable and the Ministry has withdrawn the Environment Clearance dated 28 th April, 2009, by their order dated 11th July, 2011. In view of the aforesaid order which is annexed as Annexure- 14 to the counter affidavit filed on behalf of the Ministry of Environment & Forests, nothing survives to be decided in the Review Application, more so because, the order of the Authority dated 15th September, 2009, which is sought to be reviewed in this Review Application has worked out in the mean while and no longer exists. The Review Application thus has become infractuous.
In course of hearing a memorandum has been filed on behalf of the Sterlite Industries India Ltd., (the Review Applicant), fairly indicating as follows:
"2. In view of the subsequent development, the direction in the impugned order dated 15.09.2010 directing the Expert Appraisal Committee having complied with that direction, as is clear from the EAC decision dated 25.04.2011 nothing survives in the Review Petition and the same may be disposed of as such."
After hearing learned counsels for the parties, persuing the Memorandum and after giving conscious thoughts we are satisfied that nothing remains to decide in this Review Application, as the order sought to be reviewed has worked out and no longer exists, accordingly the Review Petition is dismissed, but then, without costs.
National Green Tribunal th 28 July, 2011 Page 2 of 2