2011 INSC 1034
                        SUPREME COURT OF INDIA

                        M.C. Mehta

                        Vs.

                        Union of India (UOI)

                        (D.K. Jain and Anil R. Dave JJ.)

                        22.09.2011

                        ORDER

1. By this application, Indian Oil corporation Limited (IOC) has sought the
following orders:

a. An order directing the Ministry of Environment and Forests to process the
proposal for the expansion project of the applicant by giving suitable
permissions and clearances including the issuance of the Terms of Reference
for an Environmental Impact Assessment study;

b. Upon the receipt and acceptance of the report of the Environmental
Impact Assessment study, direct the Ministry of Environment and Forests to
accord clearance by issuing a suitable Environmental Clearance (EC) for
Mathura Refinery expansion.

c. Pass such other order and further orders, as this Hon'ble Court may deem
fit and proper in the facts and circumstances of the case.

2. Mr. Gopal Subramanium, learned Senior Counsel and Mr. Parag P. Tripathi, the
learned ASG, appearing for the applicant have referred us to the reports submitted
by the Central Empowered Committee (CEC) and Ministry of Environment and
Forests vide their report/letter dated 21st July, 2010 and 13th April, 2010
respectively. Relying on the said reports, Learned Counsel submit that since both
the Expert Bodies have suggested that the Ministry of Environment and Forests
may be permitted to take a decision regarding the grant of environmental clearance
for expansion of Mathura Refinery, IOC may be permitted to pursue their proposal
with the Authorities concerned.

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3. Having perused the said reports, we find that there is no clear statement as to
whether or not the expansion or modernization of the existing refinery is likely to
have any adverse impact on Taj. However, bearing in mind the fact that both the
said authorities have recommended grant of permission to the Ministry of
Environment and Forests to take a decision regarding the grant of environmental
clearance or the expansion of the Mathura Refinery, we allow the Ministry of
Environment and Forests to examine applicant's application and take a final
decision thereon. It goes without saying that the proposal shall be considered
keeping in view the Environmental Impact Assessment Notification, 2006.

4. We clarify that this order is being made solely with a view to facilitate the
applicant to have its application processed so that if ultimately applicant's proposal
is cleared by this Court, the project may be executed without unnecessary delay.
Needless to add that the final clearance of the project would be subject to further
orders by this Court upon receipt of final decision by all the authorities concerned.

5. The application stands disposed of in the above terms.

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