Disposed

Vivek Pandey v. Ministry of Environment Forest and Climate Change through Its Secretary

NGT7 May 2024Original Application No. 98/2024

Case brief

AI extract

What is this about?

An application challenging an auction advertisement was disposed of as the advertisement was voluntarily withdrawn and replaced by a commitment to issue a new notice after completing required DSR and replenishment studies.

What did the court decide?

The application was disposed of without further order as the impugned advertisement had been cancelled.

Vivek Pandey vs Ministry of Environment Forest and… — Environment and Pollution | NGT (2024)

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Item No.15

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 98/2024 (IA No. 34/2024 & IA No. 33/2024)

Vivek Pandey

Applicant

Versus

Ministry of Environment Forest and Climate Change through its Secretary

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Respondent

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Date of hearing: 07.05.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Tanay, Adv. for Applicant (Through VC)

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Respondent: Dr. Sapna Aggarwal, Adv. for MoEF & CC (Through VC)

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Mr. Ankit Verma, Adv. with Mr. Sanjay Kumar Singh (Through VC), DM, Pilibhit Mr. Arvind Kumar & Mr. Ankit Kumar Vats, Advs. for UPPCB (Through VC)

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ORDER

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In this Original Application, applicant has assailed the validity of the advertisement dated 18.12.2023 issued by respondent no. 6 for auctioning the mines at Gata No. 803 Ta situated in Village Pakria Nugwan Ehatmali, Tehsil Devha, District Pilibhit on the ground that no DSR and replenishment study exist for the area concerned and that the DSR was prepared on 03.10.2017 which was valid for a period of five years and which expired in the year 2022 and thereafter, no fresh DSR was prepared and no replenishment study was done yet advertisement dated 18.12.2023 was issued for auctioning the mines.

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The Tribunal by order dated 22.01.2024 had issued notice to the

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respondents. Status report on behalf of respondent no. 6, District

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Magistrate, Pilibhit has been filed admitting that the advertisement dated 16.12.2023 for sand mining was issued but subsequently, realizing the mistake, the said advertisement has been cancelled.

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Counsel for the State of UP has produced a copy of the order dated 28.02.2024 reflecting that in pursuance to the order of the Collector, the advertisement dated 16.12.2023 has been cancelled. In the status report, filed by the District Magistrate, it has been stated that the auction notice will now be issued after preparation/updation/modification of the DSR and its approval by the SEIAA.

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In view of the above, no further order in the OA is required. The grievance raised by the applicant has now been redressed. The OA is disposed of accordingly.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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May 07, 2024 Original Application No. 98/2024 (IA No. 34/2024 & IA No. 33/2024) SN

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Vivek Pandey v. Ministry of Environment Forest and Climate Change through Its Secretary

Case brief

What is this about?

What did the court decide?

Vivek Pandey v. Ministry of Environment Forest and Climate Change through Its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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