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Judgment
Hon’ble Supreme Court of India in Deepak Kumar vs. State of Haryana & Ors. (SLP (C) NO. 19628-19629 of 2009) appointed a Central Empowered Committee (CEC) to carry out an inspection of leases located along river Yamuna in District Saharanpur and State of Haryana. The CEC submitted its report and Hon’ble Supreme Court directed the District Administration to ensure that no illegal mining is carried out in the Districts and further to take necessary action to control illegal mining.
Later on, OA No. 184/2013 was filed before this Tribunal alleging illegal mining of minor and minerals in District Saharanpur and necessary directions were issued to the State Authorities to take necessary action in accordance with law. The Original Application was finally disposed of by this Tribunal vide judgment and order dated 18.02.2013 and the State Authorities were taking necessary action in accordance with rules to control the illegal mining.
The State PCB has calculated and assessed the environmental compensation and started the process of recovery in accordance with law. Aggrieved by the process initiated by the State PCB, this M.A. No. 60/2023 has been moved in OA No. 184/2013 to modify the order dated 18.02.2016 to the extent to exonerate the applicant from payment of compensation.
Contention of the learned Counsel appearing for the applicant is that the applicant was a sleeping partner of just 5% or the other partners were politically sound or forged and fictitious documents were created by the partners are not subject matter of this Tribunal. The applicant has raised the issue by way of filing Writ -C No. 26502/2019 and Writ -C No. 27310/2019 before the Hon’ble High Court of Allahabad where only challenge was that the amount of environmental compensation can be recovered as a decree and not by way of recovery order or as land revenue. This matter is to be decided by appropriate authority and since the matter is pending before the Hon’ble High Court of Allahabad, thus, it is not desirable to intervene in the matter which is pending before the Hon’ble High Court of Allahabad.
The contention of the applicant that the partnership deed is illegal or forged or fictitious or first information report has been lodged in the police station and that is under investigation has no concern with the order of the Hon’ble Supreme Court of India or the Central Empowered Committee constituted by the Hon’ble Supreme Court. If the applicant is aggrieved by the order, he may file an appeal or revision according to the rules and since the matter is pending before the Hon’ble High Court under Article 226 of the Constitution of India, thus, remedy prayed is not maintainable through Miscellaneous Application. Accordingly, MA is not maintainable.
M.A. No. 60/2023 stands disposed of accordingly.