Foundation v. Konkan Railway Corporation [AIR 1992 BOMBAY 471] held that the provisions of the Environment Act have no application in respect of the work undertaken in exercise of powers conferred under Section 11 of the Railways Act, 1989. Section 11 envisages the right of the Railways to carryout the activities for public purposes and that public purposes over-ride the provisions of law under the Environmental Act. Considering the similar purpose of Rule 57 of Minor Mineral Concession Rules, 1967, wherein Government has given power to grant special permission in cases of public purposes over riding any other matter, I am of the view by taking note of the public purposes in this matter with reference to Section 11 and the requirement for the Railways, without insisting for environmental clearance, the Geologist shall renew the permit to the limited extent of removing earth of the quantity mentioned in Ext.P1, after ascertaining the required quantity already removed and used for filling Railway Track. It is made clear that removal shall be only for the purpose of doubling the Railway track which
