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Supreme Court - Daily Orders

Mangal Singh Bundela vs The State Of Madhya Pradesh on 20 January, 2025

Author: Dipankar Datta

Bench: Dipankar Datta

     ITEM NO.65                     COURT NO.15                SECTION XVII

                          S U P R E M E C O U R T O F     I N D I A
                                  RECORD OF PROCEEDINGS

                                 Civil Appeal No.4593/2022

     MANGAL SINGH BUNDELA                                      Appellant

                                            VERSUS

     THE STATE OF MADHYA PRADESH & ORS.                        Respondents

     (with I.A. No.137597/2023-APPLICATION FOR PERMISSION, I.A. No.
     87569/2022-EX-PARTE STAY, I.A. No.87567/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT, I.A. No.87568/2022-EXEMPTION FROM
     FILING O.T., I.A. No.193086/2022-EXEMPTION FROM FILING O.T. and
     I.A.      No.94410/2022-PERMISSION     TO      FILE     ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES

     Date : 20-01-2025 This matter was called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE DIPANKAR DATTA
                         HON'BLE MR. JUSTICE MANMOHAN

     For Appellant(s):        Ms. Pushpila Bisht, Adv.
                              Ms. Pallavi Pratap, AOR
                              Ms. Prachi Pratap, Adv.
                              Dr. Prashant Pratap, Adv.
                              Mr. Amjid Maqbool, Adv.
                              Ms. Yashvi Aswani, Adv.
                              Ms. Anupriya Dixit, Adv.
                              Mr. Robin Singh, Adv.


     For Respondent(s): Mr. Pinaki Mishra, Sr. Adv.
                        Mr. Sarad Kumar Singhania, AOR
                        Mr. Shashank Shekhar, Adv.

                              Ms. Aishwarya Bhati, A.S.G.
                              Mr. Gurmeet Singh Makker, AOR
                              Ms. Swarupma Chaturvedi, Sr. Adv.
                              Ms. Ruchi Kohli, Adv.
                              Ms. Shradha Deshmukh, Adv.
                              Ms. Chitrangda Rashtrawara, Adv.
Signature Not Verified
                              Mr. Raghav Sharma, Adv.
Digitally signed by
rashmi dhyani pant
Date: 2025.01.27
                              Mr. Salvador Santosh Rebello, AOR
                              Mr. Jaskirat Pal Singh, Adv.
17:23:10 IST
Reason:


                              Mr. Pranjal Pandey, Adv.


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                        Mr. Mayank Pandey, AOR
                        Mr. Subramaniam S., Adv.
                        Mr. Ashish Kumar Pandey, Adv.
                        Mr. Arun, Adv.
                        Mr. Kartikay Trivedi, Adv.

                        Ms. Sugandha Anand, AOR


            UPON hearing the counsel the Court made the following
                               O R D E R

1. Additional affidavit be filed by the respondent no.1-State of Madhya Pradesh, within a fortnight from date, bringing on record developments that have taken place pursuant to compliance with the order of this Court dated 10 th November, 2021 in State of Bihar & Ors. Vs. Pawan Kumar & Ors. 1, more particularly whether District Survey Reports 2 have been and/or are being prepared by the Committee constituted in terms of the directions extracted infra and whether based on such DSRs, notice inviting tenders for settlement of mining areas are being made. The directions read as follows:

“(i) The exercise of preparation of DSR for the purpose of mining in the State of Bihar in all the districts shall be undertaken afresh. The draft DSRs shall be prepared by the sub-divisional committees consisting of the Sub-Divisional Magistrate, Officers from Irrigation Department, State Pollution Control Board or Committee, Forest Department, Geological or mining officer. The same shall be prepared by undertaking site visits and also by using modern technology. The said draft DSRs shall be prepared within a period of 6 weeks from the date of this order. After the draft DSRs are prepared, the District Magistrate of the concerned District shall forward the same for examination and evaluation by the SEAC. The same shall be examined by the SEAC within a period of 6 weeks and its report shall be forwarded to the SEIAA within the aforesaid period 1 C.A. No.3661-3662 of 2020 2 DSRs 2 of 6 weeks from the receipt of it. The SEIAA will thereafter consider the grant of approval to such DSRs within a period of 6 weeks from the receipt thereon;

(ii) Needless to state that while preparing DSRs and the appraisal thereof by SEAC and SEIAA, it should be ensured that a strict adherence to the procedure and parameters laid down in the policy of January, 2020 should be followed;

(iii) Until further orders, we permit the State Government to carry on mining activities through Bihar State Mining Corporation for which it may employ the services of the contractors. However, while doing so, the State Government shall ensure that all environmental concerns are taken care of and no damage is caused to the environment.”

2. Re-list the civil appeal after four weeks.

  (RASHMI DHYANI PANT)                                   (SUDHIR KUMAR SHARMA)
 ASST. REGISTRAR-CUM-PS                                    COURT MASTER (NSH)




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