Supreme Court of India
STATE OF KARNATAKA AND ORS.versusJANTHAKAL ENTERPRISES AND ANR.
- Citation
- 2011 INSC 299
- Decided
- 15 April 2011
- Disposal
- Appeal(s) allowed
Holding
A writ petition involving disputed factual issues in forest/mining/environment matters must not be decided without giving the concerned ministries sufficient time to file objections or counter‑affidavits; otherwise the order is untenable.
Summary
The Supreme Court allowed the appeals filed by the State of Karnataka and other authorities against the Karnataka High Court’s order permitting Janthakal Enterprises to lift 1,17,800 tonnes of dumped ore. The Court held that the High Court had erred by disposing of a writ petition involving disputed factual issues in forest and mining matters without giving the State and Central governments an opportunity to file counter‑affidavits or verify the facts. It emphasized that courts must allow sufficient time for concerned ministries to present objections, especially where clearances under the Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986 are required. The Court also noted the unreasonable delay (laches) in filing the writ petition and the lack of evidence that the ore was mined before the lease expired. Consequently, the High Court’s order was set aside and the writ petition dismissed, with costs imposed on the petitioner.
Issues considered
- Whether a writ petition involving disputed factual questions concerning forest, mining and environmental matters can be disposed of without hearing the State and Central governments or allowing them to file counter‑affidavits.
- Whether the High Court could amend its order and reduce the Net Present Value payable without affording the respondents an opportunity to object.
- Whether the petitioner had a right to lift the dumped ore without obtaining clearances under the Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986.
- Whether the 24‑year delay in filing the writ petition amounted to laches and affected its maintainability.
Legislation cited
Subjects
forest conservationmining leaseenvironmental lawwrit petitionArticle 226lachesprocedural fairnesspublic interestmineral wealthForest (Conservation) ActEnvironment Protection Act
Judgment
[2011] 7 S.C.R. 287
STATE OF KARNATAKA AND ORS. A
v.
JANTHAKAL ENTERPRISES AND ANR.
(Civil Appeal Nos.3293-3294 of 2011)
APRIL 15, 2011
B
[R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.)
Constitution of India, 1950 - Art. 226 - Writ petitions
involving disputed questions of fact in regard to forest/mining!
environment,matters - Duty of the Court - Held: The courts C
should share 'the legislative concern to conserve the forests
and the mineral wealth of the country - Courts should be
vigilant in issuing final or interim orders in forest/mining/
Environment matters so that unscrupulous operators do not
abuse the process of courts to indulge in 1arge scale D
violations or rob the country of its mineral wealth or secure
orders by misrepresentation to circumvent the procedural
safeguards under the relevant statutes - Central Government
and the State Government are huge and complex
organizatioris and many a time require considerable time to E
secure information and provide them to court, in matters
requiring enquiry, investigation or probe - Where writ petitions
involving disputed questions of fact in regard to forest/mining/
environment matters, come up for consideration, courts
should give sufficient time and latitude to the concerned F
ministries/departments to file their objections/counters after
thoroughly verifying the facts - ff there is undue hurry, the
concerned ministries/departments will not be able to make
proper or thorough verifications and place the correct facts -
A wrong decision in such matters may lead to disastrous G
results - in regard to public interest - financially and
ecologically - Therefore, writ petitions involving mineral
wealth, forest conservation or environmental protection should
not be disposed of without giving due opportunity to the
287 H
288 SUPREME COURT REPORTS [2011] 7 S.C.R.
A concerned departments to verify the facts and fife their
counters/objections in writing - The instant case is a typical
example where a writ petition requiring decision of disputed
and unascertained factual allegations filed on 30.3.2009 was
disposed of on 2. 7.2009 without giving due opportunity to the
B mining and forest departments of the State Governments and
the MoEF, to file their counter-affidavits - When there was
delay of nearly a quarter century on the part of the writ
petitioner in approaching the court, the writ petition ought not
to have been disposed of in hardly three months, without
c counter-affidavits from the concerned respondents - Even
though there were no counter affidavits, nor any opportunity
to the respondents in the writ petition to file counter-affidavits,
the High court assumed that the State and the Central
Governments had conceded the claims of the first respondent
in the writ petition and allowed _the writ petition on 2. 7.2009 -
0
Again, the High Court without calling for objections from
MoEF or the state government, on an application by the writ
petitioner, amended the final order - Anxiety to render speedy
justice should not result in sacrifice of the public interest - The
High Court committed a serious error in hurriedly deciding
E seriously disputed questions of fact without calling for a counter
and without there being any proper verification of the claim of
the first respondent by the authorities concerned - The order
of the High Court cannot be sustained -Costs of Rs.50,0001-
imposed upon the first respondent payable to the State
F Government- Environment - Forest (Conservation) Act, 1980
- s. 2 - Environment Protection Act, 1986.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
3293-3294 of 2011 .
. G
From the Judgment & Order dated 2.7.2009 & 27.8.2009
of the High Court of Karnataka at Bangalore in W.P. No. 8094
of 2009.
Anitha Shenoy for the Appellants.
H
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 289
ENTERPRISES AND ANR.
Dr. Abhishek M. Singhvi, V. Giri, Rohit M. Alex, P.S. A
Sudheer, Rishi Maheshwari, Haris Beeran, Amer Mushtaq,
Radha Shyam Jena for the Respondents.
The following Order of the Court was delivered
ORDER B
1. Leave granted. Heard.
2. The first respondent was the holder of a mining lease
(No.593/993) for the period 6.7.1965 to 5.7.1985 under C
registered lease dated 6. 7.1965 in respect of an area of 80.94
hectares in Survey No. 35(Part) of Tanigehalli and Survey
No.107(Part) of Hirekandawadi villages, Holalkere Taluk,
Chitradurga District, Karnataka. The first respondent filed an
application for renewing the mining lease, on 22.6.1984, without D
seeking clearance under Section 2 of the Forest (Conservation)
Act, 1980. The application for renewal was rejected on
30.9.1996. However subsequently by two notifications dated
23.8.2007, the State Government accorded sanction for the first
renewal of the mining lease retrospectively for a period of
twenty years (from 5.7.1985 to 4.7.2005) and for the second E
renewal for another period of twenty years (from 5.7.2005 to
4.7.2025) subject to clearance under Section 2 of the Forest
(Conservation) Act, 1980 and environment clearance under
Environment Protection Act, 1986. But the said renewals have
not been granted as the first respondent did not obtain the F
required clearances. In fact, the proposals submitted by the first
respondent, for obtaining forest clearance were returned
several times for not submitting a complete proposal. In view
of it, the first respon.dent alleges that mining activity has been
carried on by the first respondent in the mining lease area, after G
5.7.1985.
3. The first respondent produced before the Director,
Mines & Geology, State of Karnataka, an alleged permission
letter dated 14.2.2008 purportedly issued by the Ministry of H
290 SUPREME COURT REPORTS [2011] 7 S.C.R.
A Environment and Forest, (for short 'MoEF') Government of India,
addressed to the Principal Chief Conservator of Forests,
Karnataka according permission to the first respondent for lifting
upto one lakh Tonnes of old waste' dumped in the leased area,
made up of natural soil erosions and waste thrown by
B neighbouring mining lessees. On routine verification about the
genuineness of the said communication, the MoEF informed
the Secretary (Forests), Government of Karnataka, that the said
letter dated 14.2.2008 was a fake letter and directed the state
government to initiate criminal action against the first
c respondent and others responsible for the same. The first
respondent subsequently admitted that the letter dated
14.2.2008 was not genuine. According to the first respondent,
one lrfan Shaikh representing himself to be a clerk working at
MoEF, had represented to the first respondent that he would
0 be able to get any clearance from MoEF; that the first
respondent explained its case to him; that the said lrfan Shaikh
thereafter provided the said letter dated 14.2.2008 authorising
lifting the old waste dumps; and that believing the said letter to
be a genuine letter issued by MoEF, the first respondent had
E furnished it to the Director, Department of Mines and Geology,
State of Karnataka. The first respondent submitted that once it
came to know that the letter was a fake, it neither relied on it
nor used it.
4. The first respondent filed IA Nos.2419 and 2420 of 2008
F in WP (C) No.202 of 1995 (TN Godavaraman Thirumulpad
vs. Union of India) in this Court, seeking permission to intervene
and seeking direction for grant of approval of its proposal for
diversion of 80.94 Hectares of forest land, for non-forest mining
activity under the Forests (Conservation) Act and permission
G to lift 75000 MT of iron ore and 25000 MT of Manganese ore
which had been previously mined and lying in the dump area
of the mine. In the said applications, the petitioner averred as
under:
H
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 291
ENTERPRISES AND ANR.
"'fhat in the mine in question, around 75000 MT of iron ore A
and 25000 MT of manganese which were previously
mined and stored1n the dump area are lying there (material
mined before 1980). The appellant prays that it may be
permitted to lift the same from the dump and sell it.
B
The first respondent also offered to pay the NPV for the
said forest area of 80.94 Hectare, as also the amount to be
·paid for carrying out compensatory afforestation. The said
applications were however dismissed by this court, as
withdrawn, on 20.3.2009.
c
5. The first respondent thereafter filed a writ petition on
30.3.2009 before the Karnataka High Court (WP No.8094/
2009) seeking the following relief:
"fssue a writ of mandamus directing the respondents to D
permit the petitioner to lift the dumped material lying in the
mining yard of ML 593/993 at Hirekandawadi &
' Thanigehalli village of Holalkere Taluk, Chitradurga District,
by collecting the requisite fee and royalty."
The State of Karnataka, Director of Mines and Geology E
(Karnataka), Secretary, Ministry of Environment and Forests,
(Government of India), Principal Chief Conservator of Forests,
Karnataka and the Conservator of Forests, Chitradurga
Division were arrayed as respondents 1 to 5 in the said writ
petition. The first respondent alleged as follows in support of F
the said prayer in the writ petition :
(a) The leased area under ML No.593/993 had been
declared as reserved forest area wherein mining or other
non-forest activities were prohibited without obtaining G
necessary clearance.
(b) When the mining activities were carried on by the flrst
. respondent between 1965 anc! 1980, there was no va~ue
for iron ore of grades less than 62% or 63% and the
H
292 SUPREME COURT REPORTS [2011] 7 S.C.R.
A excavated material of lesser grades were dumped as
waste in the mining area. There were nine such old dumps
containing 1, 17,800 metric tonnes of waste material, in the
leased area, consisting of material extracted prior to 1985
when the mining lease was validly in force.
B
(c) In view of the gradual appreciation in value of iron ore,
the said dumped material became valuable and the first
respondent decided to dispose of the said waste. But in
spite of repeated requests, necessary clearances/
transportation permits, were not issued to the first
c respondent who was the owner thereof, even though there
was no legal impediment for grant of such clearances/
permits.
6. The said writ petition came up for consideration before
D a division bench of the High Court on 24.4.2009 for preliminary
hearing. The High Court directed issue of notice to the
respondents and also issued an ex parte interim direction to
the forest department, to furnish the following details to the court
E
(i) What was the actual quantity of dumped material
available in the mining yard?
(ii) What would be the royalty, EPF, NPV which the writ
petitioner was otherwise liable to pay?
F
(iii) What was the damage they had caused to the flora and
·fauna? And
(iv) What was the extent of afforestation, if the writ
petitioner was liable to make it?
G
7. When the matter came up for preliminary hearing on
2.7.2009, the Government Advocate handed over to the court,
a copy of the report dated 18.6.2009 submitted by the Deputy
Conservator of Forests, Chitradurga Division to the Principal
H
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 293
ENTERPRISES AND ANR.
·Chief Conservator of Forests, prepared in compliance with the A
order dated 24.4.2009. The said report furnished the following
information:
Q: What is the actual quantity of the available material:
A: There· are 9 old dumps in the above ML area. The B
quantity of the material assessed by the Dept. of Mines &
Geology is 1,17,800 M.T. ·
Q: Since when it is dumped and the damages caused
thereto due to that dumping: c
A: As per this office records in the above ML no mining
activities were carried out in the area since 1985. Due to
dumping of the material, forest growth and vegetation in
the area and surrounding streams are disturbed.
D
Q: What is the royalty, damages has to be paid by the
petitioner?
A: The royalty is to be· collected by the Dept. of Mines &
Geology. Hence, the information is to be provided by the E
Dept. of Mines & Geology. The surrounding area about
12.00 Ha was damaged. As per the Hon'ble Supreme
Court of India order dated 28/03/2008 in I.A. N0.826 in
566 with related I.As in Writ Petition (Civil) No.202/1995
the value of the damaged forest land is estimated at the F
rate of Rs.8.03 lakhs per Ha. Hence, for 1200 Ha. the
damages in mandatory terms amounts to Rs.96.36 lakhs
(Rupees Ninety six lakhs thirty six thousand only).
Q: The amount of Net Present Value, EPF to be paid by
the petitioner G
A: As per the Hon'ble Supreme Court of India order dated
28/03/2008 in I.A. N0.826 in 566 with related IAs in Writ
Petition (Civil) No.202/1995 the Net Present Value is to
H
294 SUPREME COURT REPORTS [2011] 7 S.C.R.
A be paid by the petitioner is as follows:
SI. Particulars Density Extent Rate of Amount
No (in ha) NPV (Rs. (Rs in
In lakhs) lakhs)
B 1 Eco-Class 111 Dense 80.94 8.03 649.9482
The Compensatory afforestation charges at the rate of
Rs.84,000/- per ha for 80.94 ha. amounting to
Rs.67,98,960/- (Rupees Sixty seven lakhs ninety eight
c thousand nine hundred and sixty only) if the user agency
take action to transfer and mutate the 80.94 ha non-forest
land in favour of the Forest Department.
If the compensatory afforestation land is not available and
the petitioner fails to identify and transfer non-forest land
D
in favour of the forest department, double the amount i.e.
=
Rs.67,98,960 x 2 times Rs.1,35,97,920/- (Rupees One
crore Thirty five lakhs Ninety seven thousand Nine hundred
and twenty only) is to be paid by the petitioner to raise the
compensatory afforestation in the forest land.
E
Environmental loss may be assessed by the Environmental
Department, Government of Karnataka."
8. At the said hearing on 2.7.2009, when the matter came
F up for further orders, the Government advocate appeared for
respondents 1, 2, 4 and 5. There was no representation on
behalf of the third respondent (MoEF, Government of India). As
only a short time had elapsed after service of notice, the State
and its forest and mining departments could not file their
G statement of objections. The Forest department claims that it
could not even appoint a Litigation Conducting Officer nor
furnish its parawise remarks to the counsel for preparing the
.counter-affidavit, for want of time. The High Court however
allowedthe writ petition by the impugned order dated 2.7.2009,
with the following directions :
H
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 295
ENTERPRISES AND ANR.
"The petitioner is permitted to remove the dumped Iron ore A
quantified at 1, 17,800 Metric Tonnes lying in the mining
yard (M.L.No.593/1993) situate at Hirekandawadi and
Tanigehalli Villages of Holalkere taluk, Chitradurga District,
subject to the following conditions :
B
(i) The iron ore which has already been extracted and
quantified at 1, 17,800 Metric Tonnes lying staked as on
date, can be lifted by the petitioner upon proper notice to
the Mining Authorities.
(ii) On getting such notice, the Mining Authorities shall C
depute a competent officer, who shall remain present at
the time of such lifting.
(iii) Such lifting will take place in accordance with law and
upon payment of required royalty to the State. D
(iv) The lifting operation must be completed within a period
of six weeks from the date of receipt of this order or
production of the certified copy of the order, whichever is
earlier.
E
(v) Petitioner shall make payment of the following amounts
before lifting the dumped Iron ore:
a) Royalty : Rs. 11,04,375/-
b) Damage of forest land F
in monetary terms : Rs. 96,36,000/-
c) Net present value, EPF
for the entire area : Rs. 6,49,94,820/-
G
d) Compensatory Afforestation
charges. : Rs. 67,98,960/-
OR
H
296 SUPREME COURT REPORTS [2011] 7 S.C.R.
A Penalty on compensatory
afforestation charges if the
land is not available & if
the petitioner fails to
identify and transfer the
B non-forest land. :Rs.1,35,97,920/-
e) Any other statutory dues
vi) It is made clear that it is for the forest authorities to
decide, whether Net present value as directed to be paid,
c is adjustable towards the approval under section 2 of the
Forest (Conservation) Act."
9. The first respondent thereafter filed an application
seeking modifications in the order dated 2.7.2009. The said
application was allowed on 27.8.2009, without giving
D opportunity to the State or Central Government to file their
objections. Direction (iii) and onwards in the operative portion
of the order dated 2.7.2009 were recast as follows :
"(iii) Such lifting will take place in accordance with law and
E upon payment of required royalty and amount ordered to
be deposited by this court, necessary permission for
transport for lifting the iron ore shall be issued within thirty
days of depositing the royalty and amount ordered to be
deposited by the petitioner by this order.
·F
(iv) The lifting operation must be completed within a period
of six months from the date of receipt of this order or
production of the certified copy of the order, whichever is
earlier.
G (v) Petitioner shall make payment of the following amounts
before lifting the dumped Iron ore:-
a) Royalty : 11,04,375/-
b) Net present value, EPF
H for the entire .area : 4,69,45,200/-
• STATE OF KARNATAKA AND ORS. v. JANTHAKAL 297
ENTERPRISES AND ANR.
c) Compenatory Afforestation A
charges : 67,98,960/-
OR
Penalty on compensatory.
Afforestation charges if the B
Land is not available and if
the petitioner fails to identify
and transfer the non-forest land : 1,35,97,920/-
d) Any other statutory "dues.
c
(vi) The petitioner shall be entitled to adjust the present
amount to be paid as per the order towards amount
payable as EPF for the purpose of granting permission
under section 2 ofthe Forest (Conservation) Act".
10. The said orders dated 2.7.2009 and 27.8.2009 are D
challenged by the State Government and its authorities in these
appeals by special leave. The appellants contended that the
following incorrect factual assumptions were made by the High
Court, while disposing .of the writ petition, which are not borne
out by the record : E
(a) That the material on record showed that first respondent
was not carrying on any mining activities in Mining Lease
Area No.593/993, after coming into force of Forest
(Conservation) Act, 1980 in the mining area;
F
(b) That the nine dumps of iron ore found in the mining
lease· area quantified at 1, 17,800 metric tonnes had been
validly extracted by the first respondent when the mining
lease was valid and was in force (that is prior to 5.7 .1985);
G
(c) That the respondents in the writ petition (appellants
herein) did not dispute the claim of the first respondent that
it had stopped the mining operations and only wanted to
shift the dumped iron ore excavated prior to 1980.
Therefore, the writ petitioner (first respondent herein) was H
298 SUPREME COURT REPORTS [2011) 7 S.C.R.
A entitled to permission to remove the 1, 17,800 metric tones
of dumped iron ore from the mining lease area.
(d) The state Government and the central Government
conceded the claim of the first respondent.
B 11. We find considerable force in the contentions of the
appellants. Neither the State Government nor the Central
Government filed any counter nor did they have sufficient
opportunity to file any counter. Nor did they concede any claim
of the first respondent. Apparently, the entire order was passed
C on the basis of the report dated 18.6.2009 submitted by the
Dy. Conservator of Forests, by assuming it to be an admission
on behalf of the state government. But the report dated
18.6.2009 is only a report submitted by the Deputy Conservator
of Forests to the Principal Chief Conservator of Forests in
D pursuance of an ex-parte interim order of the High Court. Even
the said report does not state that the ore in the nine dumps
was mined prior to the Forest (Conservation) Act came into
force, but only states that there was no mining activity in the
area since 1985. The said report does not say when the said
E ore was mined. In fact that information was not sought by the
High Court. Significantly, apart from the said report of the
Deputy Conservator of Forests, there is no other material to
conclude that the material was mined legally prior to 1980, when
the lease was in force or that the said quantity of dumped ore
F belongs to the first respondent or that the first respondent is
entitled to remove or sell the said material. The first respondent
had not placed any material to show that the said quantities of
ore had been mined before the lease expired O( that the said
quantifies of ore were lying at the site prior to 1980. No report
G was also called for from the Director of Mines & Geology which
is the concerned department, or from the central government.
The four questions in the order dated 24.4.2009, significantly
do not refer to the following important aspects :
(i) When was the said material mined/excavated?
H
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 299
ENTERPRISES AND ANR.
(ii) What is the grade (percentage of ore content) in the A
dumped ore?
(iii) Whether the first respondent was the owner of the
dumped material?
(iv) Whether there was any impediment for removing B
the dumped material or transporting them?
The above questions can be answered only by the Department
of Mines and Geology and not.by the forest department. Be that
as it may. · c
12. The correctness and reliability of the report dated
18.6.2009 of the Dy. Conservator of Forests is itself doubtful
and far from satisfactory. The inspection and verification was
not done by the Dy. Conservator of Forests who had furnished
the report. The Principal Chief Conservator of Forests informed D
the Dy. Conservator of Forests, about the ex- parte interim
direction of the High Court, by letter dated 30.5.2009. In turn,
the Deputy Conservator directed the Assistant Conservator of
Forests to give a report. The Assistant Conservator of Forests
gave a report dated 16.6.2009 to the Dy. Conservator of E
Forests which was incorporated in his report dated 18.6.2009.
There was not even an affidavit supporting or verifying the said
report. The report appears to have been prepared rather
casually and in a hurry. Be that as it may.
F
13. There was unexplained delay and laches in filing the
writ petition. The lease period came to an end on 6.7.1985. The
writ petition was filed twenty four years later that is in the year
2009, seeking a direction to the State Government and Central
Government to permit lifting of the ore by collecting necessary G
fee/royalty. Except stating that the dumped material had earlier
no value, there was no explanation why for 24 years, no action
was taken by the first respondent either to claim ownership in
respect of the said "material" or remove the same. There was
no material to show that the said material was of a grade of· H
300 SUPREME COURT REPORTS [2011) 7 S.C.R.
A 62% to 63% or less. There was nQ material to show that the
first respondent had informed the Mining Authorities or Forest
authorities or the state government about the existence of mined
ore in the mining area in nine dumps, either by way of returns,
reports or otherwise. The first respondent had earlier produced
B a fake document dated 14.2.2008 wherein it was stated that
the waste dumps (of one lakh tones) was not mined material
but consisted of natural eroded soil and wastage thrown from
neighbouring mines. Though first respondent subsequently
admitted that the said· letter dated 14.2.2008 was a fake, it did
C not aver that the contents of the document were false and
concocted. Thus at one stage before filing the writ petition, the
first respondent claimed that what was sought to be removed
was not mined mineral, but eroded soil and waste thrown from
neighbouring mines. But in the writ petition, the first respondent
claimed that the material in question was low grade ore mined
D by it when the lease was in force. The contradictory stands raise
doubts about the claim of the first respondent.
14. The courts should share the legislative concern to
conserve the forests and the mineral wealth of the country.
E Courts should be vigilant in issuing final or interim orders in
forest/mining/Environment matters so that unscrupulous
operators do not abuse the process of courts to indulge in large
scale violations or rob the country of its mineral wealth or secure
orders by misrepresentation to circumvent the procedural
F safeguards under the relevant statutes. The court should also
realise that Central Government and the State Government are
huge and complex organizations and many a time require
considerable time to secure information and provide them to
court, in matters requiring enquiry, investigation or probe.
G Where writ petitions involving disputed questions of fact in
regard to foresUmining/environment matters, come up for
consideration, courts should give sufficient time and latitude to
the concerned ministries/departments to file their objections/
counters after thoroughly verifying the facts. If there is undue
H hurry, the concerned ministries/departments will not be able to
STATE OF KARNATAKA AND ORS. v. JANTHAKAL 301
ENTERPRISES AND ANR.
make proper or thorough verifications and place the correct A
facts. Instances are not wanting where the public interest will
be sabotaged, by the officers of the state/central gov~rnment
who are supposed to safeguard the public interest, by colluding
with the unscrupulous operators. A wrong decision in such
matters may lead to disastrous results - in regard to public s
interest - financially and ecologically. Therefore, writ petitions
involving mineral wealth, forest conservation or environmental
protection should not be disposed of without giving due
opportunity to the concerned departments to verify the facts and
file their counters/objections in writing. c
15. This case is a typical example where a writ petition
requiring decision of disputed and unascertained factual
allegations filed on 30.3.2009 has been disposed of on
2.7.2009 without giving due opportunity to the mining and forest
departments of the State Governments and the MoEF, to file D
their counter:affidavits. When there was delay of nearly a quarter
century on the part of the writ petitioner in approaching the
court, the writ petition ought not to have been disposed of in
hardly three months, without counter-affidavits from the
concerned respondents. Even though there were no counter E
affidavits, nor any opportunity to the respondents in the writ
petition to file counter-affidavits, the High court assumed that
the State and the Central Governments had conceded the
claims of the first respondent in the writ petition and allowed
the writ petition on 2.7.2009. Again, the High Court without F
calling for objections from MoEF or the state government, on
an application by the writ petitioner, amended the final order
and reduced the Net Present Value (NPV) from Rs.6,49,94,820/
- to Rs.4,69,45,200/-. Anxiety to render speedy justice should
not result in sacrifice of the public interest. G
16. We are of the considered view that the High Court
committed a serious error in hurriedly deciding seriously
disputed questions of fact without calling for a counter and
without there being any proper verification· of the claim of the
H
302 SUPREME COURT REPORTS [2011] 7 S.C.R.
A first respondent by the authorities concerned. The order of the
High Court cannot be sustained.
17. We. accordingly, allow these appeals and set aside
the order of the High Court and dismiss the writ petition filed
before the High Court. We impose costs of Rs.50,000/- upon
6 the first respondent payable to the state government.
18. The learned counsel for first respondent submitted that
this order should not come in the way of the first respondent
seeking appropriate remedy in accordance with law. If the first
C respondent has any remedy in law or cause of action for
seeking any remedy, this order will not come in the way .of first
respondent seeking such remedy in accordance with law.
B.B.B. Appeals allowed.
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