Disposed

Amit Upadhayay v. State Level Environment Impact Assessment Authority, Uttar Pradesh

NGT3 Sept 2024IA No. 414/2024 in Appeal No. 264/2018

Case brief

AI extract

What is this about?

Appeals challenging an interim order were disposed of by the Supreme Court. The National Green Tribunal held that with the removal of the impediment, the appeals can be heard. An application was allowed directing the SEIAA to produce environmental clearance records.

What did the court decide?

I.A. 414/2024 allowed; Directed SEIAA to produce original and photocopy of environmental clearance record on next hearing.

Amit Upadhayay vs State Level Environment Impact… — Environment and Pollution | NGT (2024)

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Item Nos. 05 & 06

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Appeal No. 263/2018

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(IA No 56/2019, IA No 512/2019, IA No 17/2019, MA No 1772/2018, IA No 68/2019, IA No 14/2019, IA No 258/2019, IA No 259/2018, IA No 15/2019, IA No 511/2019, IA No 510/2019, IA No 16/2019, IA No 508/2019)

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AND

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Appeal No. 264/2018

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(IA No 414/2024, IA No 513/2019, IA No 514/2019, IA No 261/2019, IA No 126/2019, IA No 509/2019, MA No 1773/2018, IA No 57/2019, IA No 260/2019)

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Amit Upadhayay Appellant

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Versus

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SEIAA & Ors. Respondent(s)

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Date of hearing: 03.09.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Appellant: Ms. Anisha Jain & Mr. Vanshdeep Dalmia, Advs. for Appellant

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Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for the State of UP (Through VC) Mr. Rahul Khurana, Adv. for Respondent No. 5 to 7 in Appeal 263/2018 & Respondent No. 5 & 19 in Appeal No. 264/2018 Mr. Shlok Chandra, Mr. Sankalp Sharma & Mr. Sushant Pandey, Advs. for MoEF & CC (Through VC) Ms. Priyanka Swami, Adv. for SEIAA & State of UP

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ORDER

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Learned Counsel for the appellant has submitted that interim order

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of the Tribunal dated 17.12.2019 was subject matter of challenge before the Hon’ble Supreme Court in Civil Appeal No. 54-55 of 2020 State of U.P. Vs. Amit Upadhaya & Ors. and these Civil Appeals have been disposed of vide order dated 27.08.2024 by observing as under:

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“1. The present appeals challenge the interim order dated 17.12.2019 passed by the National Green Tribunal, Principal Bench, New Delhi.

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2. It is informed by the parties that during the pendency of the proceedings before this Court, the mining leases have already expired and the mining activities have now stopped.

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3. However, Shri Vanshdeep Dalmia, learned counsel appearing for the respondent(s) submits that since the very mining activity itself was illegal, so the issue of compensation still remains to be decided. 4. It is further submitted that the learned National Green Tribunal did not decide the issue, though the same was raised on account of pendency of the present petition before this Court.

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5. Per contra, Learned counsel for the petitioner submits that the mining activity can not be said to be illegal, inasmuch as the said were carried out in view of interim order(s) passed by this Court.

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6. We do not propose to dwell into that issue.

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7. We find that since the present appeals are being disposed of, the learned Tribunal can very well decide the issue with regard to compensation on account of alleged illegal mining on its own merits after hearing both the parties.

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8. The appeals are, accordingly, disposed of.

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9. Pending application(s), if any, stand(s) disposed.”

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2. Thus now there is no impediment in hearing this appeal.

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I.A. No. 414/2024 has been filed by Respondent No. 19 seeking a direction to SEIAA, U.P to produce the record pertaining to the grant of environmental clearance under challenge. Counsel for the SEIAA has no objection to the same, hence I.A. is allowed and SEIAA is directed to produce the original record along with a photocopy of the same relating to the issuance of the environmental clearance on the next date of hearing.

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Learned Counsel for the SEIAA has sought adjournment on the ground that there is a change of counsel and she is in the process of obtaining the relevant files. The prayer is allowed.

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List on 17.12.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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September 03, 2024 Appeal No. 263/2018 & Appeal No. 264/2018.. hb

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Amit Upadhayay v. State Level Environment Impact Assessment Authority, Uttar Pradesh

Case brief

What is this about?

What did the court decide?

Amit Upadhayay v. State Level Environment Impact Assessment Authority, Uttar Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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