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2022 Supreme(Bom) 1688

SUNIL B. SHUKRE, ANIL L. PANSARE
Orange City Stone Crusher Owners Association – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.K.Mishra, Mr. Kaustabh Deogade
For the Respondent: Ms. N.P.Mehta

JUDGMENT :

Sunil B. Shukre, J.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2. A short question involved in all these petitions is-whether it is permissible for the State Government to require a person interested in obtaining quarry permit under Rule 59 of the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 (for short Rules, 2013) to submit environmental clearance as a condition precedent by issuing an executive instruction in the nature of impugned communication dated 24th March, 2022?

3. The brief facts leading to filing of these petitions are stated as under:-

    a) The petitioners in Writ Petition No.2153/2022 and Writ Petition No.2163/2022 are the associations of stone crusher owners, the petitioner in Writ Petition No.2731/2022 is an individual, who runs a proprietary concern engaged in the business of extraction and removal of minor minerals in specified quantities for short terms. The members of both the associations who have filed Writ Petition No.2153/2022 and Writ Petition No.2163/2022 are also engaged in similar business. Their grievance is common.

b) According to the petitioners, till very recently they used to be granted

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