Dismissed

Lok Seva Sangh v. Union of India

NGT6 Jul 2022IA No. 100/2021 in Original Application No. 89/2021

Case brief

AI extract

What is this about?

The applicant appeared and sought to withdraw the original application following a Supreme Court order in Civil Appeal No.36613662/2020 clarifying the status of Draft Sand Mining (DSR) approvals. The tribunal dismissed the main application and an interim application as withdrawn.

What did the court decide?

The Original Application and I.A. dismissed as withdrawn.

Lok Seva Sangh vs Union of India — Mining and Natural Resources | NGT (2022)

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Item No. 03

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)

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Original Application No.89/2021/EZ (I.A. No.100/2021/EZ)

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In the matter of:

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Lok Seva Sangh Through its Authorised representative Vishwanath Prasad Parew, Patna, Bihar

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……..Applicant(s)

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Versus

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The Union of India

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Through the Secretary,

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Ministry of Environment, Forest and Climate Change,

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Indira Paryavaran Bhawan,

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Jor Bagh Road, New Delhi-110003

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Ministry of Environment, Forest and Climate Change Through Addl. Principal Chief Conservator of Forests (C), Regional Office (ECZ), Bunglow No.A-2,

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Shyamali Colony, Ranchi-834002

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The State of Bihar, Through the Commissioner-cum-Principal Secretary, Department of Mines and Geology, Government of Bihar,

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Vikas Bhawan, Bailey Road, Patna-800001

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The State Environmental Impact Assessment Authority, 2^nd Floor, Beltron Bhawan, Shastri Nagar, Patna-800023, Bihar

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The Mines Commissioner-cum-Principal Secretary, Department of Mines & Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna-800001

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The Principal Secretary Department of Environment & Forest, Govt. of Bihar, Patna

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The Bihar State Pollution Control Board Mall Rd., Patliputra Industrial Area, Digha, Patna, Bihar-800010

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The District Magistrate District Saran, District Magistrate Officer Collectorate, Saran Chapra, Bihar-841301

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District Mining Officer,

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District Saran, Bihar-802301

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Deputy Director of Mines, District Saran, Bihar-802301

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The District Magistrate, District Saran, District Magistrate Officer Collectorate, Bhojpur, Bihar-841301

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District Mining Officer, District Bhojpur, Bihar-802301

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Deputy Director of Mines, District Bhojpur, Bihar-802301

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……..Respondent(s)

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Date of hearing: 06.07.2022 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

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For Applicant(s) : Mr. Pankaj Bhagat, Advocate (in Virtual Mode)

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For Respondent(s) : Mr. Rishi K. Awasthi, Advocate (in Virtual Mode) a/w

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Ms. Paushali Banerjee, Advocate for State of Bihar, Ms. Amrita Pandey, Advocate for R-7 (in Virtual Mode), Ms. Anamika Pandey, Advocate for SEIAA (in Virtual Mode)

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ORDER

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Mr. Pankaj Bhagat, learned Counsel is present (in Virtual Mode) for the Applicant.

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Learned Counsel states that in view of the order dated 30.05.2022 passed by Hon’ble Supreme Court in Civil Appeal No.36613662/2020, The State of Bihar & Ors. Vs. Pawan Kumar & Ors., he has instructions to withdraw this original application.

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The order of the Hon’ble Supreme Court reads as under: -

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“We have heard Mr. Atmaram N.S. Nadkarni, learned Additional Solicitor General appearing for the appellant(s), Mr. Vanshdeep Dalmia, learned counsel appearing on behalf of respondent(s) and Mr. Pinaki Mishra, learned senior counsel appearing for intervenor.

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Taking into consideration the mining issues in the State of Bihar, we had issued certain directions vide order dated 10th November, 2021 setting down time lines as to within how much period the draft DSRs will be prepared by the sub-divisional committees as directed by us. We had also fixed a time line for the SEAC as well as SEIAA within which period they will consider the said DSRs.

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The matter again came up before this Bench to consider various interlocutory applications. A detailed order again came to be passed on 18th January, 2022. Vide another order dated 31st March, 2022, we had extended the interim order for a further period of eight weeks.

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Now, it is a common ground that DSRs have been granted final approval by SEAC as well as SEIAA.

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Though it is contended by Shri Dalmia and Shri Mishra that the said DSRs are not free from flaws, we do not find necessary to go into the said issues at this stage. The parties are always at liberty to take recourse to such remedies as are available in law. However, now since the DSRs have been finalised in pursuance to our order dated 10th November, 2021, there should be no impediment for the State of Bihar to proceed further for inviting tenders or auction of sand blocks in accordance with the DSRs which have already been approved.

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With these observations, we post the matter for further orders on 11th August, 2022.”

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The Original Application No.89/2021/EZ is accordingly dismissed as

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withdrawn.

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The I.A. No.100/2021/EZ is also dismissed.

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B. Amit Sthalekar, JM

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Saibal Dasgupta, EM

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July 06, 2022, Original Application No.89/2021/EZ (I.A. No.100/2021/EZ) MN

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Lok Seva Sangh v. Union of India

Case brief

What is this about?

What did the court decide?

Lok Seva Sangh v. Union of India

Case brief

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