Khaitan along with Senior Counsels Nariman and Jayant Bhushan get SC nod to Lafarge SC issues guidelines to MoEF

The Supreme Court has permitted French Cement Company, Lafarge to resume limestone mining in Meghalaya. A special forest Bench headed by Chief Justice S.H. Kapadia vacated its February 5, 2010, order halting mining operations..The Supreme Court has permitted French Cement Company, Lafarge to resume limestone mining in Meghalaya. A special forest Bench headed by Chief Justice S.H. Kapadia vacated its February 5, 2010, order halting mining operations..The cement plant of Lafarge in Bangladesh is totally dependent for its limestone supply on the Lafarge Umiam Mining in Meghalaya. The limestone is supplied from Meghalaya to Bangladesh through a 17 km long conveyor belt. However, Lafarge was directed to stop mining on the premise that forest clearance had not been obtained by Lafarge and that the area lies in the midst of a dense forest and no mining should be allowed to be carried on without first obtaining forest clearance..The Supreme Court has now lifted the ban and upheld the revised environmental clearances given to Lafarge by the Ministry of Environment and Forests (MoEF). The Court stated that we are satisfied with the due diligence exercise undertaken by MoEF in the matter of forest diversion. The Court did not find any reason to interfere with the decision of MoEF granting site clearance, environmental clearance and stage-I forest clearance to Lafarge..MoEF was represented by Attorney-General G.E. Vahanvati..Senior Advocates F.S. Nariman and Jayant Bhushan on instructions from litigation Partner Sanjeev K. Kapoor of Khaitan & Co. represented Lafarge..Khaitan in a statement said, “This is a landmark judgment in the context of environment and mining especially for projects involving use of forest land for non-forest purposes. The judgment dwells deep into many areas which were till today were untouched by any judicial interpretation”..The Supreme Court also dismissed a petition filed by Shella Action Committee (SAC) of tribal activists opposing Lafarge’s mining activity in the forest region. SAC had alleged that Lafarge had obtained environmental clearances by misrepresenting to the Indian government. SAC was represented by Senior Advocate Shyam Divan..According to the Court, the word “development” is a relative term and “one cannot assume that the tribals are not aware of principles of conservation of forest”. The Court said, “In the present case, we are satisfied that limestone mining has been going on for centuries in the area and that it is an activity which is intertwined with the culture and the unique land holding”..The Court invoked the doctrine of proportionality, principles of sustainable development, inter-generational equity and the polluter pays principle in favour of Lafarge..The Court while ruling on this case laid down certain guidelines to be followed by the Centre, State and various authorities’ in the future environmental matters. The Court has asked the Centre to “appoint a national regulator for appraising projects, enforcing environmental conditions for approvals and to impose penalties on polluters”..The Court has also asked the MoEF to submit a compliance report on the implementation of these guidelines within six months..Environment Minister Jairam Ramesh told media, “The MoEF believes this is a landmark judgement which will set the stage for further reforms in environmental governance”. He also welcomed Supreme Court’s direction to set up a National Regulator to overlook matters related to environmental clearances.