NNGT East Zone dismissed the applicant's original application and interconnected interlocutory applications as withdrawn by the learned counsel, citing a Supreme Court order allowing the state to proceed with sand block auctions.
Dismissal of Original Application No.04/2021/EZ and Interlocutory Applications No.34/2021/EZ & 35/2021/EZ as withdrawn.
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.
Court No.1
Item No. 16
BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (Through Video Conferencing)
Original Application No. 04/2021/EZ
(I.A. No. 34/2021/EZ & I.A. No. 35/2021/EZ)
In the matter of:
Dheeraj Kumar S/o Hari Chandra Prasad Sharma, R/o 2A, Anand Vihar, A.P. Colony, Mustafabad, Gaya, R.S. Bihar-832002
……..Applicant(s)
Versus
Ministry of Environment, Forest and Climate Change,
Jor Bagh Road, New Delhi-110003
Old Secretariat, Patna-800015, Bihar
Patna-800023, Bihar
Vikas Bhawan, Bailey Road, Patna-800014
……..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 (in Virtual Mode) a/w Ms. Paushali Banerjee, Advocate for State of Bihar, Ms. Anamika Pandey, Advocate for R-3 (in Virtual Mode)
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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. 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
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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.”
..................................... B. Amit Sthalekar, JM
................................... Saibal Dasgupta, EM
July 06, 2022, Original Application No. 04/2021/EZ (I.A. No. 34/2021/EZ & I.A. No. 35/2021/EZ) MN
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Colour shows how this judgement treated each authority
The State of Bihar & Ors. Vs. Pawan Kumar & Ors.Referred¶30
Civil Appeal No.36613662/2020
Dheeraj Kumar S/o Hari Chandra Prasad Sharma
The Union of India Through the Secretary, Ministry of Environment, Forest and Climate Change
The State of Bihar
The State Environmental Impact Assessment Authority
The Principal Secretary Department of Environment & Forest, Govt. of Bihar
The Principal Secretary-cum-Mines Commissioner, Department of Mines & Geology, Government of Bihar
B. Amit Sthalekar
Saibal Dasgupta
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
