Tribunals and CommissionsFull Bench(2022) 11 NGT CK 0052

Naresh Zargar vs State of M.P. & Ors

National Green Tribunal · Decided on 28 November 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Arun Kumar Tyagi, JM · Prof. A. Senthil Vel, EM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 198 Of 2018 (M.A. No. 543 Of 2018)

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Judgment

9 paragraphs · 250 words
1.

This application seeks injunction against issuance of consent to operate for mining projects in favour of Directorate, Geology and Mines, Bhopal.

2.

According to the applicant, mining is being done without requisite replenishment study as required in terms of judgment of the Hon’ble Supreme Court in Deepak Kumar v. State of Haryana & Ors. (2012) 4 SCC 629 and ‘Sustainable Sand Mining Guidelines, 2016’ and also orders of this Tribunal on the subject.

3.

The application was filed on 10.04.2018. Later, on 16.05.2018, the applicant filed affidavit to the effect that the applicant did not press the prayer for quashing of CTO already granted and limited himself to the injunction for grant of CTO in future.

4.

When the matter came up for hearing on 13.04.2018, the Tribunal noted that no statutory appeal had been preferred against the consent order dated 30.08.2016 which was sought to be challenged.

5.

On 20.07.2018, the matter was adjourned sine-die as none appeared for the applicant.

6.

When the matter has been taken up today after more than four years, none appears for the applicant.

7.

Learned Counsel for the State of MP submits that no illegal mining is being done nor CTO are being granted illegally. Mining has been done strictly in accordance with the laid down norms.

In view of above, the application is disposed of without prejudice to the remedies of the aggrieved parties in accordance with law in case of any violation.

M.A. No. 543/2018 also stands disposed of.