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Tata Housing Development Company ... vs Aalok Jagga on 5 November, 2019

5. It is further mentioned in the ground no.(D) that the mining areas are located within the catchment area of Bandhara, constructed by the State of Gujarat, therefore, the mining on the said land cannot be permitted in view of the law settled by the Hon'ble Supreme Court in Tata Housing Development Co. Ltd. v. Aalok Jagga [(2020) 15 SCC 784]; it is further mentioned in the ground no.(E) that the project area falls within the coastal region of Saurashtra. In order to address the issue of Salinity Ingress, Bandharas have been constructed with the recommendation of High Level Committee, appointed by the Government of Gujarat. Limestone in Saurashtra is a natural wall in the coastal area between the sea and the landward area. It is the limestone that prevents the sea and sea water from making further ingress from underneath the land. If the limestone is removed, the natural barrier between the sea and landward side stands removed, which will invite salinity ingress in an astronomical manner and its adverse impact on the agriculturists will be writ evident when the question of food security arises and the same damage will not be quantifiable.
Supreme Court of India Cites 24 - Cited by 2 - A Mishra - Full Document

Utkarsh Mandal vs Union Of India on 26 November, 2009

9. It is further mentioned in the ground no.(L) that though the Notice for Public Hearing states that the Draft EIA Report and the Executive Summary are available at the offices mentioned therein, but the same admittedly was not provided to the Gram Panchayat. In fact, the Appellants were not made available fresh Draft EIA Report, if any prepared, in terms of the fresh TOR issued. Therefore, they were constrained to participate in the public hearing proceedings, relying upon the Draft EIA Report and the Executive Summary prepared by Min Mec Consultancy Pvt. Ltd. in the year 2021. Therefore, the conduct of Public Hearing, based on the Draft EIA Report prepared earlier by Min Mec Consultancy Pvt. Ltd., vitiates the public hearing; it is further mentioned in the ground no.(M) that the three Public Hearing for three mining projects were held on 28.04.2023 at the premises of Nirma Cement Plant Area, NH 8 E/51, Survey No. 80, Village: Padhiyarka, Taluka: Mahuva, Dist.: Bhavnagar, respectively, at 9:30 am, 1:00 pm 86 4:00 pm. Holding three separate Public Hearing on the same day over a slot of 3-4 Hrs. each is against the mandate and requirement of EIA Notification, 2006, as also held by the Hon'ble High Court of Delhi in Utkarsh Mandal v. Union of India, 2009 SCC Online Del 3836. Therefore, it is submitted that the Public Hearing was vitiated.
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