Tribunals and CommissionsFull Bench(2024) 05 NGT CK 0023

Vivek Pandey vs Ministry of Environment Forest and Climate Change through its Secretary

National Green Tribunal · Decided on 7 May 2024

HON’BLE JUDGES
Prakash Shrivastava, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 98 Of 2024 (IA No. 34/2024 & IA No. 33 Of 2024)

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Judgment

4 paragraphs · 244 words
1.

In this Original Application, applicant has assailed the validity of the advertisement dated 18.12.2023 issued by respondent no. 6 for auctioning the mines at Gata No. 803 Ta situated in Village Pakria Nugwan Ehatmali, Tehsil Devha, District Pilibhit on the ground that no DSR and replenishment study exist for the area concerned and that the DSR was prepared on 03.10.2017 which was valid for a period of five years and which expired in the year 2022 and thereafter, no fresh DSR was prepared and no replenishment study was done yet advertisement dated 18.12.2023 was issued for auctioning the mines.

2.

The Tribunal by order dated 22.01.2024 had issued notice to the respondents. Status report on behalf of respondent no. 6, District Magistrate, Pilibhit has been filed admitting that the advertisement dated 16.12.2023 for sand mining was issued but subsequently, realizing the mistake, the said advertisement has been cancelled.

3.

Counsel for the State of UP has produced a copy of the order dated 28.02.2024 reflecting that in pursuance to the order of the Collector, the advertisement dated 16.12.2023 has been cancelled. In the status report, filed by the District Magistrate, it has been stated that the auction notice will now be issued after preparation/updation/modification of the DSR and its approval by the SEIAA.

4.

In view of the above, no further order in the OA is required. The grievance raised by the applicant has now been redressed. The OA is disposed of accordingly.