2015 Page 3 of 31
environmental clearances/permissions in respect of the
Environmental Clearances". It is also an admitted position before
us that under ... securing
Environmental Clearance, the following
additional cost implications have arisen:
a) Increase in cost of capital to the
Concessionaire due to environmental
clearance delay impeding
opposite party on several grounds including that there was delay in grant of environmental clearance required for the aforesaid project. Other grounds taken ... held responsible for the delay attributable solely to the concerned environmental authority in granting the requisite environmental clearance, it will not be possible to hold
started;
vii) That the claimants were not responsible for the
delay in obtaining environmental clearance since
the respondents had not provided the requisite
details;
viii ... obtain all requisite
approvals for the project. As regards delay in obtaining
environmental clearance, the Article allowed for extension due
Page
following points inter-alia (i) delay in obtaining environmental clearances, (ii)
extraction of mineral beyond environmental clearance, (iii) mining in safety zone
beyond lease hold ... counter affidavit in relation to the allegations of delay
in obtaining forest clearance, royalty clearance certificate, environmental
clearance, mining plan through the aforesaid categorical statements
aside the order dated 11.02.2019 by
condoning the delay in submission of environmental
clearance and remanded the matter back to the
Deputy Commissioner, Dhanbad ... said provision, in case
where due to delay in granting Environmental Clearance beyond 180 days,
which is not attributable to a lessee, and the lease
aside the order dated 11.02.2019 by
condoning the delay in submission of environmental
clearance and remanded the matter back to the
Deputy Commissioner, Dhanbad ... said provision, in case
where due to delay in granting Environmental Clearance beyond 180 days,
which is not attributable to a lessee, and the lease
date of LOI, mining plan,
environmental clearance and other payments as per the LOI
(Annexure -P2). However, Environmental Clearance could not
be granted ... which also added to the
duration of delay in obtaining environmental clearance.
34. Now to decide whether order dated
23.01.2023 passed by the District Magistrate
Environmental Clearance Certificate since the petitioner
had completed all the necessary formalities and
procedures for obtaining the same and the aforesaid
Environmental Clearance Certificate ... also satisfied all the objections as
raised by the Environmental Ministry for obtaining the
Environmental clearance and if nothing is left to be performed
Patna High
such as the
Environmental Clearance Certificate. The petitioner had acted
diligently and without any default by applying for the
Environmental Clearance immediately after the grant ... with regard to obtaining the
Environmental Clearance Certificate. It was further submitted that
the petitioner applied for Environmental Clearance Certificate in
the year 2014, immediately
2013 Page 19 of 34
the fact that despite the delayed environmental clearance, the
Respondent was unable to carry out other works
