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Judgment
Sudhanshu Dhulia, J
Counter affidavit filed on behalf of respondent nos. 1 and 2 in the Court today is taken on record.
2. Petitioner seeks a licence for mining soapstone in District Bageshwar. The case of the petitioner is that though she was given a Letter of Intent
but the final order for grant of a mining lease has not been issued in her favour for the reason that she has not obtained the environmental clearance
from the Ministry of Environment, Forest and Climate Change, Government of India. Consequently, vide order dated 17.03.2018, the Letter of Intent
has also been cancelled.Â
3. It is the contention of the petitioner that on the one hand the State Government did not constitute the State Environment Impact Assessment
Authority, while on the other hand it even did not consider the order given under the Mines and Minerals (Development and Regulation) Removal of
Difficulties Order, 2017. This order reads as under:
“Environmental Clearance.- Notwithstanding anything contained in clause (c) of sub-section (2) of Section 10A of the Mines and Minerals
(Development and Regulation) Amendment Act, 2015 (10 of 2015), it is clarified that where the condition of obtaining environmental clearance has not
been complied with by the applicant on or before 11th January, 2017, but all other conditions specified in previous approval or the letter of intent have
been fulfilled, the applications shall be considered under that section and mining lease shall be granted by the concerned State Governments in
accordance with the notifications issued under the Environment (Protection) Act, 1986 (29 of 1986):
 Provided that no mining activity shall commence unless and until the applicant obtains environmental clearance as laid down under the Environment
(Protection) Act, 1986 and the rules made there under.â€Â
Petitioner alleges that the above order has not been considered by the State Government.Â
In view of the above provision, the writ petition is disposed of with the direction to the State Authorities to reconsider the matter in the light of the
above provision.