Document Fragment View

Matching Fragments

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.