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(iii) The DSR so prepared shall be submitted to the District Magistrate who shall verify the DSR only in respect of the relevant facts pertaining to the physical and geographical features of the district which shall be distinct from the scientific findings based on the Patna High Court CWJC No.2787 of 2020 dt.16-12-2021 parameters prescribed in the SSMMG-2016. After such verification, the District Magistrate shall forward the DSR for examination and evaluation by the State Expert Appraisal Committee (SEAC) having regarding to the fact that the SEIAA comprises of technical/scientific experts. The SEAC after appraisal of the report shall forward it to the SEIAA for consideration and approval if it meets all scientific/technical requirements.

(v) Judgment dated 15.01.2018, rendered by the learned single Bench of the Hon'ble Patna High Court in CWJC No. 13618 of 2017 (M/s. Sainik Food Private Limited & Ors.

vs. The State of Bihar &Ors.), relevant paragraphs whereof are reproduced herein below:-

"It is undisputed rather an ad- mitted position that except for the re- port issued by the Circle Officer vide letter bearing No. 395 dated 8.6.2017 which in turn referred to the report of the Revenue Karamchari and was for- warded by the Assistant Director, Patna High Court CWJC No.2787 of 2020 dt.16-12-2021 Mines and Geology through letter No.1623 dated 9.8.2017 on the direc- tions of the District Magistrate passed on 7.8.2017,copies of which are present at Annexure-24 to the writ pe- tition, there is no certificate issued by the District Magistrate, Gaya. A plain reading of the directions of "SEAC"

The fact remains that at the first instance, the delay has been caused by the "SEIAA" in granting Environmen- tal clearance to the petitioner which remained pending since 17.6.2015 when the petitioner applied for envi- ronmental clearance and even when the "SEAC" a Sub committee of the "SEIAA" put the matter in motion and reiterated its direction of production of a certificate issued by the Circle Officer of the Area through the Dis- trict Magistrate regarding the status of habitation and following which re- peated reminders were given by the petitioner but the District Magistrate, Gaya has failed in his duty, rather has shifted the onus on the petitioner when in fact the default is by the District Patna High Court CWJC No.2787 of 2020 dt.16-12-2021 Magistrate, Gaya. A plain reading of the obligations to be discharged by the petitioner as present at paragraph 7(ii) of the Notice Inviting Tender would confirm that the petitioner could not have proceeded without ob- taining an environmental clearance as present at paragraph 7(ii)([k) for making the deposits which were con- sequent upon obtaining the environ- mental clearance after approval of the Mining plan. Obviously, when the "SEAC" required the petitioner to pro- duce a report from the Circle Officer through the District Magistrate as re- garding the status of the habitation, the object was clear because a report duly certified by the District Magis- trate on the issue of habitation within an area of 500 meters of the project area had the authenticity attached to it. Unfortunately, the District Magis- trate, Gaya has failed to appreciate this object and in absence whereof the report of the Circle Officer failed to satisfy the "SEAC". The petitioner was a looser from either side. The "SEAC" would not proceed without obtaining a habitation certificate from the District Patna High Court CWJC No.2787 of 2020 dt.16-12-2021 Magistrate, Gaya and the District Magistrate, Gaya without discharging his obligation, charges the petitioner of statutory violation.

pared 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 examina- tion and evaluation by the SEAC. The same shall be examined by the SEAC within a period of 6 weeks and its re- port shall be forwarded to the SEIAA within the aforesaid period of 6 weeks from the receipt of it. The SEIAA will thereafter consider the grant of ap- proval to such DSRs within a period of 6 weeks from the receipt thereon; Patna High Court CWJC No.2787 of 2020 dt.16-12-2021