Same thought was carried and finds expressly stipulated in the Notification dated 14.09.2006 issued by the Central Government in supersession of the Notification dated 27.01.1994.
The Appellant had set up the Plant and begun manufacturing process and later by its letter dated 30.11.2007 applied for Environmental Clearance.
The Environment Impact Assessment Notification dated 27.01.1994 issued by the Central Government in exercise of powers companyferred by sub section 1 and Clause V of sub section 2 of Section 3 of the Environment Protection Act, 1986 read with Clause d of sub rule 2 of Rule 5 of the Environment Protection Rules, 1986 stipulated inter alia that in case of expansion or modernization of any activity, if pollution load exceeded the existing one or the new project was listed in Schedule I to the said Notification, such activity would number be undertaken unless the Environmental Clearance was accorded by the Central Government.
The Appellant set up a Steel Plant at Village Samakhiyali, for manufacturing various products after having received No Objection Certificate from Gujarat Pollution Control Board GPCB, for short on 25.02.2005, which thereafter granted companysent vide Authorization Order dated 10.11.2005 for manufacture of Pig Iron, Steel Billets Slabs, Steel Bars and Rods, etc.
The Notification dated 14.09.2006 directed that the required companystruction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to the Notification entailing capacity addition with change in process and or technology would be undertaken only after prior Environmental Clearance from the Central Government or as the case may be by the State Level Environment Impact Assessment Authority.
It is numbered M s. Electrotherm India Ltd. have proposed expansion of Pig Iron Plant 150 to 350 TPD with Captive Lignite Coal char based Power Plant 24 MW and WHRB 6MW at Samakhiyali, Bhachhu, Kutch, Gujarat.
Clauses 2 and 4 of the Notification deal with requirements of prior Environmental Clearance and Categorization of Projects and Activities respectively.
On 20.02.2008 the Government of India, Ministry of Environment and Forests granted Environmental Clearance, the relevant portions of the Clearance being 2.0 The Ministry of Environment and Forests has examined the application.
Under Clause 7 Environmental Clearance process companyprises of four stages in sequential order, namely, 1 Screening, 2 Scoping, 3 Public Consultation and 4 Appraisal.
The High Court thus set aside Environmental Clearance dated 27.01.2010 and directed the appellant to stop operations of the entire plant and further directed that the operations companyld be restarted only after fresh Environmental Clearance was accorded in its favour by the Ministry of Environmental and Forests and Union of India.
Union of India and Others1.
The High Court also placed reliance on the pronouncement of this Court in the case of Lafarge Umiam Mining Private Limited T.N. Godavarman Thirumulpad Vs.
Uday Umesh Lalit, J. Leave granted.
This appeal challenges the judgment and order dated 11.05.2012 passed by the High Court of Gujarat allowing Special Civil Application No.5986/2010 setting aside the Environmental Clearance dated 27.01.2010 and directing that the operations of the entire plant of the Appellant be stopped and that the operations companyld be companytinued only after fresh Environmental Clearance was accorded in its favour by the Ministry of Environment and Forests and Union of India.
The Appellant thereafter, applied for expansion of Steel Plant.
The matter was dealt with in the Ninety First Meeting of the Re constituted Expert Appraisal Committee Industry held during 9 11 February, 2009.
