M/S.National Enterprises v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.420 of 2017 M/s. National Enterprises, Keonjhar .....

Petitioner Mr. S.P. Sarangi, Advocate Vs.

Union of India & Ors.

.....

Opposite Parties Mr. P.K. Parhi, DSGI (O.Ps.1 & 2) Mr. P.P. Mohanty, AGA (O.P.3)

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY

ORDER

26.09.2022 Order No.

This matter is taken up through hybrid mode.

2.

Heard learned Senior Counsel appearing for the petitioner and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the opposite parties.

3.

An additional affidavit has been filed on behalf of the petitioner in Court today incorporating the order dated 09.09.2022 issued by the Government of Odisha, Forest, Environment & Climate Change Department, wherein it has been specifically stated that execution of project activities will be subject to availability of all other statutory clearances required under relevant Acts/Rules for this mining project, deposit of requisite funds and compliance of Court's order, if any. The additional affidavit be kept on record.

4.

Since steps have already been taken by the Government of Odisha, Forest, Environment & Climate Change Department, the subsequent authorities shall take follow up action subject to

compliance of other provisions of law. It is also contended that the Central Government has also given clearance. If that be so, there is no hindrance to get necessary clearance from other departments. 5.

In that view of the matter, this Court disposes of the writ petition granting liberty to the petitioner to approach the appropriate forum, if any cause of action survives. 6.

Issue urgent certified copy as per rules.

Alok/Subhasmita (DR. B.R. SARANGI) JUDGE (G. SATAPATHY) JUDGE