National Mineral Developmnet Corporation vs . Government of India and Ors : MANU/DE/0288/2008
Petitioner challenges validity of approval of Union Government (Union), Ministry of Mines granting prospecting license for iron ore in favour of M/s. Tata Iron and Steel Company Ltd., Petition alleges that Union have no jurisdiction to issue impugned order in absence of compliance with mandatory provision in Section 2. Power, authority and jurisdiction to accord approval accrue upon Union under provisions of MMDR Act, only in event of strict compliance of provisions of Forest Act. Section 2 provides framework which enables choice be made in regard to needs of environment and line of flora and fauna in forest area is concerned. Existence of endangered species and all other considerations are taken seriously. Authorities also looked at environmental cost benefit analysis, before recommending approval or declining it. Every step towards any non-forest activity in form of license, permit, authorization or even any stage removed from it can take place only after approval under Section 2 granted. Every authority proposing such non-forest activity not act further till consent under Section 2 obtained

Ratio Decidendi: “Every step towards any non-forest activity, in a forest whether in the form of a license, permit, authorization or even at any stage removed from it, can take place only after approval under Section 2 is granted. This in fact circumscribes the jurisdiction of every authority proposing, such non-forest activity, it cannot act further to other powers till the consent under Section 2 is obtained.” Petition allowed