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12. Mr Parag Tripathi, the learned senior counsel, appearing for
the petitioners, submitted that the prayers made are fashioned in such a
way that the grant of the declaration sought would remove the grievance
of the petitioners as well as save the Notification. It is for this reason that
the petitioners seek a declaration to the effect that the Notification of
04.04.2011 does not apply to mining projects / units which already
possess valid and subsisting environmental clearances (ECs). According
to Mr Parag Tripathi, if such a declaration is granted, there would be no
need for the petitioners to seek the quashing of the Notification of 2011 to
the extent it seeks to substitute the contents of the Column No.5 of Item
No.1(a) of the Schedule to the Notification of 2006. Mr Tripathi
submitted that there is no logic in the requirement of an Environmental
Clearance at the renewal stage in cases of persons, like the petitioners,
who were working the mines and already had valid and subsisting ECs.