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1 - 4 of 4 (0.28 seconds)The Environment (Protection) Act, 1986
Deepak Kumar Etc vs State Of Haryana & Ors.Etc on 27 February, 2012
9. The Ministry of Environment, Forests and Climate Change was
directed to take appropriate steps for compliance by issuance of requisite
direction in exercise of the statutory powers under the Environment
(Protection) Act, 1986. Accordingly, the Ministry examined the above issue
by taking into consideration the orders passed by the Hon'ble Supreme Court
in the matter of Deepak Kumar's case (cited supra) and the National Green
Tribunal order dated 07.12.2022 in O.A.No.142 of 2022, and issued an
Official Memorandum dated 28.04.2023 wherein it examined all the issues
and accordingly decided that all valid EC issued by the DEIAA shall be re-
appraised through SEIAA/SEAC, in compliance to the order of the National
Green Tribunal in O.A.No.142 of 2022 and directed that all concerned
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SEAC's shall re-appraise the EC issued by the DEIAA's between 15.01.2016
and 13.09.2018 (including both dates) and all fresh EC in this regard shall be
granted only by SEIAA's based on such appraisal and also the said exercise
shall be completed within a time period of one year from the date of issue of
the Official Memorandum.
Jayant Kumar vs Ministry Of Environment Forest And ... on 7 December, 2022
8. In compliance with the above said directions, the Ministry issued an
Official Memorandum, dated 12.12.2018 directing to comply with the
directions of the National Green Tribunal. Subsequently, the National Green
Tribunal vide its order dated 07.12.2022 in O.A.No.142 of 2022 in the matter
of Jayant Kumar vs. Ministry of Environment, Forests and Climate Change
inter-alia observed that, mining leases in which environment clearance was
granted by DEIAA in view of amendment notification, dated 15.01.2016 are
still continuing even after passing of order dated 13.09.2018 by the Tribunal
in Satendra Pandey's case (stated supra) and issuance of an Official
Memorandum, dated 12.12.2018 by MoEF & EC without any re-appraisal by
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SEIAA and appropriate remedial action on the basis of such re-appraisal.
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