Top Court asks Orissa High Court to decide all matters where mining activities are continued under status quo without Forest Clearance

The Supreme Court has on Monday requested the Orissa High Court to decide and dispose of all such pending matters where the order of status quo is continued since long and the mining activities have been continued under the order of status quo without Forest Clearance.

This action is to be carried out within a period of six months without fail, ordered a bench of Justice MR Shah and Justice Aniruddha Bose.

Court was hearing a Special Leave Petition by M/S Balasore Alloys who did not have the Forest Clearance and the High Court had, thus, not extended the order of status quo.

"Merely because the application for Forest Clearance is pending cannot be treated as having obtained the Forest Clearance permitting the petitioner to carry on the excavation and the mining activities. Under the guise of the order of status quo, the petitioner, who is not having the Forest Clearance cannot be permitted to excavate and/or continue the mining activities...", the division vacation bench noted.

Since the Court was not inclined to grant any relief, AOR Pragya Baghel appearing for Balasore Alloys sought permission to withdraw the Special Leave Petition as the main petition was yet to be considered by the High Court on merits.

Thus, while dismissing the SLP as withdrawn, the Registry was directed to communicate this order to the Chief Justice of the Orissa High Court.

Case Title: M/S BALASORE ALLOYS LTD. vs. THE STATE OF ODISHA & ORS.