Delhi HC rejects ArcelorMittal's plea for mining lease in Saranda forest
Delhi High Court on Thursday dismissed a petition by ArcelorMittal India seeking grant of mining lease in Jharkhand's Saranda forest division.
A bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna found no merit in ArcelorMittal's petition, saying the approval granted by the Centre to the company in 2007 and 2008 was conditional and no mining lease could be executed in its favour in the absence of the pre-conditions being met.
«It is to be noted that till date, the petitioner does not have approval of the Central government under Section 2(ii) of the Forest Conservation Act, 1980. The petitioner also does not have environment clearance under the Environment (Protection) Act, 1986,» the court said.
The company had June 2007 filed an application for grant of mining lease for iron and manganese ore in Meghahatuburu Taluka, Karampada Reserve Forest over an area of about 500 hectares for captive use.
While the Central government had in 2008 accorded its approval under for grant of mining lease for 30 years, subject to fulfilment of certain conditions, including obtaining forest clearance (FC), under the Forest Conservation Act, 1980. Even the Jharkhand government had issued a Letter of Intent (LoI) for grant of the mining lease subject to certain conditions.
Later in April 2009, the company sought diversion of 202.35 hectares of forest land. The Central government rejected its application for the mining lease on the grounds that since January 11, 2017, the cut-off date under Section 10A(2)© of the
