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Supreme Court of India 2016-07-12 partly_allowed

Talaulicar & Sons P. Ltd vs Union of India & Anr

Bench: 3 — Fakkir Mohamed Ibrahim Kalifulla

In Brief

Talaulicar & Sons sought to continue mining operations at Saniem Sacorda Iron Ore Mine in Goa without a valid environmental clearance. The Court examined whether a two-year clearance granted in 2005 could be indefinitely extended by a 2007 order deleting the time limitation. The Supreme Court held that environmental clearance is valid for five years under law and that the 2007 order was passed without proper statutory procedure—lacking public hearing, reasoned analysis, and consultation with authorities as required. The Court set aside the 2007 order and directed the Ministry to reconsider the application afresh following statutory procedure before allowing mining to resume."

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Environmental Law Environmental Clearance Mining Law Procedural Due Process Public Interest Litigation Administrative Law Environmental Protection Act

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