Rajasthan High Court - Jodhpur
M/S Jindal Stone Crushing Company vs Union Of India on 1 August, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10815/2022
M/s Jindal Stone Crushing Company, Through Its Authorized
Partner Shri Banwari Lal S/o Shri Shiv Chand Rai, Aged About 70
Years, C/o Kejriwal Brothers Petrol Pump, Sujangarh, Dist.
Churu, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through Its Secretary, Ministry Of
Environment, Forest And Climate Change Having It
Soffice At Indira Paryavaran Bhawan, Jorbagh Road, New
Delhi 110003.
2. Chairman, Standing Committee, National Board For
Wildlife Having Its Office At Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi 110003.
3. Chairman, Rajasthan State Pollution Control Board Having
Its Office At Jhalana Institutional Area, Jhalana Doongri,
Jaipur, Rajasthan 302004.
4. Divisional Forest Officer, District Churu, Rajasthan.
----Respondents
For Petitioner(s) : Mr. L.S. Udawat
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 01/08/2022 Learned counsel for the petitioner - firm has submitted that mining lease was allotted to the petitioner - firm for mining mineral stone ballast in Khasra No.679, near village Gopalpura, Tehsil Sujangarh District Churu for a period of 20 years on 21.02.1997 and pursuant to that, an agreement was executed between petitioner - firm and the Mining Department on 01.04.1997. It is submitted that thereafter the petitioner - firm (Downloaded on 02/08/2022 at 09:07:33 PM) (2 of 2) [CW-10815/2022] started mining operations, however, pursuant to the office memorandum dated 08.08.2019, the petitioner - firm was required to seek clearance from the National Board for Wild Life (hereinafter to be referred as 'the NBWL') for the purpose of carrying out mining operations.
It is argued by the learned counsel for the petitioner - firm that the mine, for which mining lease was issued to the petitioner
- firm, is situated out of the Eco sensitive zone as declared by the NBWL and the Union of India. It is submitted that an application was filed by the petitioner - firm for seeking clearance from the NBWL is pending consideration with the NBWL since 2019 and despite repeated requests, the said application has not been decided by the authority concerned i.e. NBWL.
Learned counsel for the petitioner - firm has submitted that the petitioner - firm would be satisfied if a direction be issued to the NBWL to decide the application filed by the petitioner - firm for granting clearance within the stipulated time.
In view of the limited prayer made by the petitioner - firm, this writ petition is disposed of with a direction to concerned authority i.e. NBWL to consider and decide the application filed by the petitioner - firm for seeking clearance, if already not decided, within the period of six weeks from the production of certified copy of this order strictly in accordance with law.
Stay petition is also disposed of.
(VIJAY BISHNOI),J 154-Arun/-
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