NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA dismissed Original Application No. 62/2020/EZ (EA Order I.A. No. 91/2020/EZ) on its withdrawal by the applicant in light of a Supreme Court order permitting Sand Deposition Research (DSR) approval for mining in Bihar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 07
Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)
Original Application No. 62/2020/EZ (I.A. No. 91/2020/EZ)
In the matter of:
Mrs. Geeta Devi W/o Sh. Shambhunath Singh, Chandpura, Jamalpur, Bhojpur, Naya Mohamad Pur, Bihar-802163
……..Applicant(s) Versus
Ministry of Environment, Forest and Climate Change,
Jor Bagh Road, New Delhi-110003
Old Secretariat, Patna-800015, Bihar
Patna-800023, Bihar
……..Respondent(s)
Date of hearing: 06.07.2022
CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Pankaj Bhagat, Advocate (in Virtual Mode)
For Respondent(s) : Mr. Rishi K. Awasthi, Advocate and Mr. Azmat H. Amanullah, Advocate (in Virtual Mode) a/w
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Ms. Paushali Banerjee, Advocate for State of Bihar, Ms. Amrita Pandey, Advocate for R-3 (in Virtual Mode), Mr. Sibojyoti Chakraborty, Advocate for CPCB (in Virtual Mode)
ORDER
“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.
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.
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.
Now, it is a common ground that DSRs have been granted final approval by SEAC as well as SEIAA.
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.
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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.
With these observations, we post the matter for further orders on 11th August, 2022.”
withdrawn.
B. Amit Sthalekar, JM
................................... Saibal Dasgupta, EM
July 06, 2022, Original Application No.62/2021/EZ (I.A. No. 91/2020/EZ) MN
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Colour shows how this judgement treated each authority
State of Bihar & Ors. Vs. Pawan Kumar & Ors.Followed¶29
Civil Appeal No.36613662/2020, The State of Bihar & Ors. Vs. Pawan Kumar & Ors.
2 provisions across 2 enactments
Mrs. Geeta Devi W/o Sh. Shambhunath Singh
Union of India
State of Bihar
State Environmental Impact Assessment Authority
Principal Secretary Department of Environment & Forest
Principal Secretary-cum-Mines Commissioner
B. Amit Sthalekar
Saibal Dasgupta
As recorded by the court registry
An application for interim relief made while the main matter is pending.
Judgements on the same questions, provisions and authorities, from every court
