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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Star Stone Crusher, through one of its Partner Budh Ram Sharma – Appellant
Versus
State of Bihar through the Additional Chief Secretary, Department of Mines and Geology – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
Since all these writ petitions are involving same and similar issue with respect to other clusters of sand ghats in Madhubani and Banka Districts, they have been heard together and are being disposed of by this common judgment.
2. As the facts of these writ petitions are same and similar, for the convenience, the facts of C.W.J.C. No.5104 of 2025 are being taken as a leading case.
3. By way of these writ petitions, the petitioners have prayed for the following reliefs:-
“a). For issuance of a writ in the nature of certiorari for quashing of the agenda item number 6 minutes of meeting dated 03.08.2024 of the State Expert Appraisal Committee (hereinafter referred to as “SEAC” for short) which is a part of the State Environment Impact Assessment Authority (hereinafter referred to as the competent authority for short) whereby the proposal for grant of environmental clearance to the sand ghats of the petitioner has been recommended in gross violation of appendix - V read with a paragraph 7 of the EIA Notification number 1533 dated 14.09.2006 as no 15 clear days' notice was given to the petitioner and thereby the petitioner has been denied opportunity of his parti
ECs by DEIAA for mining <5 ha granted post 13.09.2018 but pre 11.12.2018 not per se illegal; require SEIAA re-appraisal within time, else mining stops. Post-11.12.2018 DEIAA ECs illegal.
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The High Court ruled that the amendments to the Environmental Impact Assessment Notification undermining expert assessments are unconstitutional, mandating that environmental clearances must be valid....
The environmental clearance notifications were declared unconstitutional as they undermined established environmental laws and processes mandated by the Environment (Protection) Act.
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