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SANJEEV PRAKASH SHARMA
Arvind Tiwari – Appellant
Versus
Union of India – Respondent
JUDGMENT
Learned counsel for the petitioner at the initial stage submits that he withdraws the prayer No.(iii) and (iv) of the writ petition.
I have considered the submissions, the petitioner in the writ petition has prayed as under:-
ii) by an appropriate writ, order or direction the Hon'ble Court may kindly be pleased to direct the respondent No.3 to give full assistance and support of the State Authorities to the respondent No.1 and 2 to facilitate notification of Eco Sensitive Zone surrounding the outer boundary of Kaila Devi Wildlife Sanctuary expeditiously;
iii) by an appropriate writ, order or direction the Hon'ble Court may kindly be pleased to direct the respondent No.4- Mining Department to extend the lease period of petitioner equal to the period when the mining operation remain closed due to Court order. Further more, to extend the lease period by virtue of provisions of Rajasthan Minor Mineral Concession Rules, 2017 upto 50 years;
iv) by an appropriate writ, ord
Prohibition of mining activities in forest areas and the need for strong vigilance by state authorities to prevent illegal mining.
''Zero Meter'' Eco-sensitive Zone- Law does not require a procedure akin to one, which is being followed at the time of making an environment impact assessment before giving clearance.
Protection of forest land – Mining within national parks and wildlife sanctuaries shall not be permitted – No new permanent structure shall be permitted to come up for whatsoever purpose within ESZ.
The judgment emphasizes the principle of prospective application of laws and the requirement for proper verification of facts and consideration of existing legal rights before issuing directives.
The main legal point established in the judgment is the court's authority to protect wildlife and natural habitats, as well as to enforce mandatory guidelines for determining Eco-sensitive Zones laid....
The court reinforced the prohibition of mining within one kilometer of wildlife sanctuaries, emphasizing adherence to environmental protection laws.
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