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2011 Supreme(All) 1280

F. I. REBELLO, DEVI PRASAD SINGH
MOHD. KAUSAR JAH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
R.N. Trivedi, Akhilesh Kalra, Mohd. Arif Khan and Gaurav Mehrotra for the Petitioner; S.P. Singh, Ms. Pushpila Bisht, J.N. Mathur and Dr. Ashok Nigam for the Respondents.

JUDGMENT

Hon’ble F.I. Rebello, CJ.—Both the writ petitions are being disposed of by a common judgment as the relief and challenges are inter-connected. We may first set out and deal with the facts and issues of Writ Petition No. 9416 (M/B) of 2010.

The petitioner has moved this Court complaining of violation of Notification No. S.O. 1533, dated 14.9.2006 issued by the Ministry of Environment and Forest, Government of India, in exercise of powers under sub-section 1 and clause (v) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (hereinafter referred to as ‘Environment Act’) read with clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 (hereinafter referred to as ‘Environment Rules), which was issued in supersession of the earlier Notification No. S.O. 60 (E) dated 27th January, 1994. The allegation is that the State of U.P. and its authorities have failed to carry out the directions as contained in the notification.

2. It is the petitioner’s grievance that the authorities of the State of U.P., in abuse of their statutory powers, are permitting and encouraging illegal mining activity by grant of mining leases without any conditions


























































































































































































































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