The modified order extends the mining moratorium only to specific villages in designated ESA areas of Ratnagiri and Sindhudurg and dismisses claims for continuing moratorium elsewhere, disposing of several civil applications.
Moratorium continued only for specified villages in Ratnagiri and Sindhudurg ESAs; claims for other areas dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CAI157.14+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
1. CIVIL APPLICATION NO. 157 OF 2014
I LOG PORTS Pvt. Ltd.
… Applicant
v/s
Awaaz Foundation … Respondent
ALONG WITH
2. CIVIL APPLICATION NO. 407 OF 2012
Lote Parshuram Industries Association … Applicant v/s Awaaz Foundation … Respondents
ALONG WITH
3. CIVIL APPLICATION NO. 2785 OF 2012
Narayan Mahadev Bordekar … Applicant v/s Awaaz Foundation … Respondent
ALONG WITH
4. CIVIL APPLICATION NO. 119 OF 2014
Awaaz Foundation … Applicant
v/s
Union of India & ors. … Respondents
ALONG WITH
5. CIVIL APPLICATION NO. 163 OF 2014 IN CIVIL APPLICATION NO.119 0F 2014
Nishikant N. Bhojane & ors. … Applicants v/s Awaaz Foundation … Respondent
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CAI157.14+.doc
ALONG WITH
6. CIVIL APPLICATION NO. 169 OF 2014
Sanjay Vitthal Mate … Applicant v/s Awaaz Foundation … Respondent
IN
PUBLIC INTEREST LITIGATION NO. 179 OF 2012
Awaaz Foundation … Petitioner v/s Union of India & ors. … Respondent
ALONG WITH PUBLIC INTEREST LITIGTION NO. 198 OF 2014 WITH
CIVIL APPLICATION (ST) NO. 32721 OF 2014
Vanashakti & anr. … Applicants v/s Awaaz Foundation … Respondent
Mr.G.S.Godbole, Advocate along with Mr.Tilak I/by Mr.Dinesh Kumar A.Dubey for the applicant in CAI No.157 of 2014 and for the petitioner in PIL No.179 of 2012.
Ms.Gayatri Singh, Advocate for the petitioner in PIL No.198 of 2014 and CAI (St.) No.32721 of 2014.
Ms.Snehal Paranjpe, Advocate along with Mohana Nair i/by JMB Partners for the applicants in CAW No.407/12, CAW No.2782/2012 and CAI No.119/2014.
Mr.Abdi i/by Abdi & Co. for the applicant in CAI No.163 of 2014.
Mr.Harshad Sathe for the applicant in CAI No.169 of 2014.
Mr.Amogh Karandikar, Advocate i/by Khandeparkar & Associates
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CAI157.14+.doc
for Resp. No.5 in all matters.
Mr.Anil Singh, A.S.G. along with Mr.Rui A. Rodrigues, Advocate and Mr.Ashok Verma, Advocate with Mr.D.P. Singh, Advocate for the Union of India.
CORAM: ANOOP V. MOHTA & N.M. JAMDAR, JJ. DATED : 11 DECEMBER 2014
P.C.:
Heard learned counsel for all the parties.
3. Therefore the following order is passed :-
O R D E R
(i) Order dated 17 July 2012 in regard to continuation of moratorium as per O.M. dated 16 August 2010 and order dated 13 August 2014 staying operation of O.M. dated 25 July 2014 stands modified to the extent that till further
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CAI157.14+.doc
orders moratorium shall continue only in respect of villages listed in Ecologically Sensitive Area (ESA) of Ratnagiri and Sindhudurg Districts in directions issued on 13 November 2013 under Section 5 of Environment Protection Act, 1986, all Dodamarg Taluka and two villages of Banda Taluka mentioned in Annexure “1” of the O.M. Dated 25 July 2014.
(ii) This order is without prejudice to rights and contentions of respondent No.1 even in respect of 51 villages mentioned in Ex.'I' to the Civil Application No.119 of 2014 Moratorium and villages of Dodamarg other than those mentioned in O.M. Dated 25 July 2014, is not entitled to be continued.
( N.M. JAMDAR, J.)
1 issue framed by the court
Whether the moratorium on mining operations in Ecologically Sensitive Areas should be modified to apply only to specific villages in Ratnagiri and Sindhudurg Districts.
1 provisions across 1 enactments
I Log Ports Pvt. Ltd.
Awaaz Foundation
Union of India
Anoop V. Mohta
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
