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Judgment
Challenge in this application in substance is to the proposal for the grant of Environmental Clearance (EC) for mining by Respondent No. 8-M/s Satish Kumar & Company in Aravalli planation area. It is stated that on the one hand afforestation activities have been undertaken in the said area, on the other mining lease was granted on 29.04.2002 for mining of Barytes, Feldspar and Quartz, contrary to the prohibition of mining in the said area vide order of the Hon'ble Supreme Court dated 18.03.2004 in M.C. Mehta v. UOI & Ors. (2004) 12 SCC 188 In view of the said judgement, though mining lease was granted, Respondent No. 8 could not commence mining.
An application has been made for EC on 11.02.2021 which has been considered by the MoEF&CC on 24.02.2021. The Project Proponent (PP) has taken the plea that the mining area is away from the reserved forest. EAC has recommended proposal for grant of ToRs. PP has uprooted 300-500 trees.
We have heard the learned counsel for the applicant.
It is seen that EC is yet to be granted. Only ToRs have been issued. As and when EC is granted the same can be challenged in accordance with law. If there is any objection at this stage, the same can be put forward to the concerned authority. As regards the alleged cutting of trees, the version of the applicant is contradictory. Neither the date of cutting of trees is mentioned nor precise details are mentioned. While in the original application the number of trees affected is said to be 300-500, in I.A. No. 181/2021 such number is mentioned to be 2000. As shown in the picture, what is termed as trees are only wild shrubs.
In these circumstances, no interference appears to be called for at this stage.
The application is disposed of.
In view of order in the main matter, I.A. No. 181/2021 also stands disposed of.