Smt Santosh Sharma v. State of Raj and Ors.
Case brief
What is this about?
The High Court of Rajasthan transferred a writ petition questioning a mining lease cancellation and forest department order to the National Green Tribunal, holding that the former requires NGT jurisdiction but the latter depends on the forest order relief which must first be set aside by NGT.
What did the court decide?
Writ petition transferred to the National Green Tribunal; interim order continued for four weeks.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.3107/2008
Smt. Santosh Sharma
Versus
State of Rajasthan & Ors.
DATE OF ORDER : 22/01/2014 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Ashwani Chobisa, for petitioner Mr. Zakir Hussain, Addl. Govt. Counsel, for respondents
It is stated that mining lease was granted after getting clearance from the Forest department, though subsequently the department revoked it after showing lease to be in the forest area. The mining department then cancelled the lease. So far as issue of cancellation of mining lease is concerned, it cannot be agitated before the National Green Tribunal (in short “NGT” ) thus writ petition may not be referred to it.
I have considered the submission made by the counsel and find that so far as the order passed by the forest department withdrawing no objection certificate is concerned, it can be agitated before NGT in view of the provisions of National Green Tribunal Act, 2010 and order of Hon'ble Apex Court in the case of Bhopal Gas Peedith Mahila Udyog
Issues for consideration
2 issues framed by the court
Whether the order passed by the forest department withdrawing no objection certificate regarding mining lease can be agitated before the National Green Tribunal.
Whether the order of cancellation of mining lease can be agitated before the National Green Tribunal.
Parties & counsel
- petitioner
Smt. Santosh Sharma
- respondent
State of Rajasthan
Coram
M.N. Bhandari
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CW/3107/2008
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