Supreme Court - Daily Orders
Naveen Sharma vs The State Of Rajasthan And Ors. on 16 November, 2017
Bench: Madan B. Lokur, Deepak Gupta
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ITEM NO.9 COURT NO.4 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).34811/2013
(Arising out of impugned final judgment and order dated 21-10-2013
in DBCMA No. 250/2013 21-10-2013 in DBCWP No. 13189/2012 passed by
the High Court of Judicature for Rajasthan at Jaipur)
NAVEEN SHARMA Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN AND ORS. Respondent(s)
WITH
SLP(C) No. 34134/2013 (XV)
(WITH Application for Direction ON IA 9/2017, Application for
Direction ON IA 10/2017, IA No.119289/2017-impleading party and IA
No.119291/2017-CLARIFICATION/DIRECTION and IA
No.119298/2017-impleading party and IA
No.119300/2017-CLARIFICATION/DIRECTION and IA
No.120769/2017-impleading party and IA
No.120772/2017-CLARIFICATION/DIRECTION)
C.A. No. 9703-9706/2013 (XVII)
C.A. No. 17379-17380/2017 (XVII)
(WITH IA No.111271/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.111268/2017-EXEMPTION FROM FILING O.T. and IA
No.111270/2017-APPROPRIATE ORDERS/DIRECTIONS and IA
No.111269/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 16-11-2017 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Mr. Irshad Ahmad, AOR
Mr. S.S. Shamshery, AAG Rajasthan
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Mr. Ankit Raj, Adv.
Signature Not Verified
Ms. Indira Bhakar, Adv.
Ms. Ruchi Kohli, AOR
Digitally signed by
SANJAY KUMAR
Date: 2017.11.16
17:12:37 IST
Reason:
Ms. Pragati Neekhra, AOR
Mr. Yashvardhan, Adv.
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Mr. Ambuj Dixit, Adv.
Mr. Merusagar Samantaray, AOR
Dr. Surender Singh Hooda, AOR
Mr. Premtosh Mishra, Adv.
For Respondent(s)/
applicant(s) Mr. Ajit Kumar Sinha, Sr. Adv.
Mr. Sarad Kumar Singhania, Adv.
Mr. Anis Kumar Gupta, Adv.
Mr. G.S. Makker, Adv.
Mr. C.A. Sundaram, Sr. Adv.
Mr. Harish Pandey, AOR
Mr. Himanshu Shekhar, Adv.
Mr. Neeraj Kishan Kaul, Sr. Adv.
Mr. Anand Varma, AOR
Mr. Sandeep Singh Shikhawat, Adv.
Ms. Shubhangini Jain, Adv.
Mr. Ansar Ahmad Chaudhary, AOR
Mr. D. K. Devesh, AOR
Dr. Surender Singh Hooda, AOR
Mr. Premtosh Mishra, Adv.
Ms. Ruchi Kohli, AOR
Mr. Sandeep Sekhawat, Adv.
Mr. Lal Pratap Singh, Adv.
Mr. Umesh Pratap Singh, Adv.
Mr. R. C. Kohli, AOR
Mrs. Rachna Gupta, Adv.
Ms. Alka Sinha, Adv.
Mr. Siddhant S. Malik, Adv.
Mr. Sanjeeb Panigrahi, AOR
Ms. Kiran Bhardwaj, AOR
Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.
Ms. K. Enatoli Sema, AOR
Mr. Edward Belho, Adv.
Mr. Amit Kumar Singh, Adv.
Mr. K. Luikang Michael, Adv.
Mr. Vijay Panjwani, AOR
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Mr. Ritesh Khatri, AOR
Ms. Nandini Sen, Adv.
Mr. Chanchal Kumar Ganguli, AOR
Ms. Rachana Srivastava, AOR
Mr. Sukrit R. Kapoor, adv.
Ms. Aruna Mathur, Adv.
Ms. Anuradha Arputham, Adv.
for M/S. Arputham Aruna And Co
Mr. M. R. Shamshad, AOR
Mr. Anil Grover, AAG
Mr. Vishal Chauhan, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. M. Shoeb Alam, AOR
Ms. Shibani Ghosh, AOR
Ms. G. Indira, adv.
Mr. K.V. Jagishvaran, Adv.
Mr. Bhupesh Narula, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In these matters, SLP(C) No.34134 of 2013 (State of Rajasthan Vs. Nature Club of Rajasthan) should be taken as the main case. Accordingly, in the cause list this matter be shown as the main case.
We have heard learned counsel for the parties and we are horrified with what is happening in the State of Rajasthan with regard to bajri and sand mining/quarrying. For several months, if not years, without any environmental clearance and without any scientific replenishment study, unabated mining is going on by 82 parties before us.
4It is quite obvious that the Ministry of Environment, Forest and Climate Change is not concerned about the degradation of the environment in Rajasthan and what is even worse is that the State of Rajasthan is totally unconcerned about it.
In Court, serious allegations have been made that the State of Rajasthan is complicit with the miners/quarry holders and sand and bajri is being mined with impunity. Without giving any credence to the allegations made until we hear from the Chief Secretary of Rajasthan on affidavit, we restrain all the 82 mining lease/quarry holders from carrying out mining of sand and bajri unless a scientific replenishment study is completed and the matter is fully and dispassionately considered by the Ministry of Environment, Forest and Climate Change and an environmental clearance is granted or rejected. This order will come into force with immediate effect.
List the matters after the affidavit from the Chief Secretary of Rajasthan is filed.
C.A. No. 17379-17380/2017 Detag.
Reply be filed within four weeks.
List the matter immediately after four weeks.
(SANJAY KUMAR-I) (KAILASH CHANDER)
AR-CUM-PS COURT MASTER