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Judgment
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Petitioner has filed this petition for issuancePradeshofadirection to the respondent no.4 to grant Environmental clearance/NOC in favour of the
petitioner. Petitioner further prayed relief that petitioner be permitted to carry out the mining operations.
During the course of arguments, learned counsel for the petitioner has submitted that petitioner filed an application (Annexure-P-1) for grant of
environmental clearance before the respondent no.5 and no order has been passed on the aforesaid application. Hence, direction be issued to the
respondent no.5 to grant environment clearance in favour of the petitioner. In view of the aforesaid prayer, petition be disposed finally.
Petitioner is a proprietor concern. Petitioner was granted mining lease to carry out mining operations on certain lands at village Jhinna Tahsil
Dheemarkheda District Katni. Forest Department objected in regard to grant of mining lease in favour of the petitioner and prayed cancellation of
mining lease before the Collector. Petitioner filed a civil Suit (Civil Suit No.23-A/2005) before the competent Court for declaring that land in question
is not a forest land. The suit was decreed in favour of the petitioner vide judgment and decree dated 09.09.2005.
Against the judgment and decree dated 09.09.2005, State had filed First Appeal i.e. Civil Appeal No.2-A/2011. The First appellate Court dismissed the
appeal filed by the State vide judgment and decree dated 17.08.2012. Thereafter, Second Appeal was filed before this Court which was registered as
Second Appeal No.1406/2012, it was also dismissed vide judgment and decree dated 11.10.2013.
Against the aforesaid judgment and decree dated 11.10.2013, Special Leave Petition was filed before the Hon'ble Supreme Court.
The Hon'ble Supreme Court vide order dated 08.10.2014, permitted the State to withdraw SLP with liberty to file review petition before the Court.
Thereafter, State filed review petition which was registered as RP No.257/2015. This Court vide order dated 15.09.2015, also dismissed the review
petition. Petitioner filed an application (Annexure-P-1) for grant of environmental clearance and No objection Certificate before the respondent No.6.
Against the order dated 15.09.2015 passed in Review Petition No.257/2015, again SLP was filed before thePradeshHon'bleSupreme Court, the same
is pending.
Since the petitioner was not permitted to carry out mining operations on the land in question, hence petitioner filed writ petition before this Court which
was registered as WP No.20548/2016. This Court vide order dated 21.12.2016 disposed of the writ petition with the following observations.
Be that as it may be once the review application filed by the State Government was dismissed on 15-092015, the State Government has to consider
the representation of the petitioner, hear the petitioner and after granting an opportuni y o the petitioner to comply with the requirement of law , if any,
a decision has to be taken on the application either by the State Government and the State Government cannot sit over on the application . For the
present without entering into controversy on merit, we direct the competent authority to hear the petitioner and if required grant an opportunity of
complying with the statutory requirement of law and thereafter take a decision on the application after following the due process of law in accordance
to the statutory provisions as are applicable within a period of 6 weeks from the date of receipt of the certified copy of this order. It is made clear that
this court has not expressed any opinion on the merit of the case, it is for the competent authority to take a decision on the application after complying
with the due process of law.
Learned counsel appearing on behalf of the petitioner has submitted that the application for grant of NOC and environmental clearance is pending
before the respondent no.6. No decision has been taken by the respondent on this application. Land in question is not a forest land as has been decided
by this Court in Second Appeal No.1406/2012. Hon'ble Supreme Court has not granted any stay in favour of the State. Lease granted in favour of the
petitioner is valid upto 2044 inspite that, petitioner is not permitted to carry out mining operations. Hence, the respondent no.6 be directed to grant
environment clearance/NOC in favour of the petitioner and the petitioner be permitted to carry out mining operations.
Counsel for the State has submitted that matter is pending before Hon'ble apex Court and no decision has been t ken by the Court.
From the facts mentioned above, it is clear that Civil Court passed a judgment and decreeMadhyainfavourof the petitioner declaring that land in
question is not forest land. The judgment and decree is affirmed upto Supreme Court. T e review petition No.257/2015, is also dismissed by this Court.
Hon'ble Supreme Court has not granted any stay in favour of the State. In such circumstances, it is obligatory on the part of the respondent no.5 to
decide the application of the petitioner (Annexure-P-1) to grant NOC/Environmental clearance. in accordance wi h law.
In this view of the matter, this petition is disposed of with a directi n that the respondent No.6 i.e. State Environment Impact Assessment Authority,
shall pass appropriate order in regard to grant of environmental clearance and NOC to the petitioner in accordance with law within a period of two
months from the date of receipt of the copy of the order. Subject to verification of fact that whether there is any stay granted by the Hon'ble Supreme
Court in pending SLP or not. If environment clearance and NOC will be granted in favour of the petitioner by the respondent no.5, it may proceed
further for mining operations in accordance with law.
Certified copy as per rules.