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2013 Supreme(All) 506

ASHOK BHUSHAN, ABHINAVA UPADHYA
AJAY TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Narendra Mohan for the Petitioner; C.S.C. for the Respondent.

JUDGMENT

Hon’ble Ashok Bhushan, J.—By this petition, the petitioner has prayed for quashing the order dated 10.4.2012, issued by the State Government by which the petitioner who has been granted mining lease of 4.168 hectares for mining mineral namely:Diaspore/Pyrophillite, has been directed to obtain environmental clearance from the Ministry of Environment and Forest so that the lease deed can be signed. A mandamus has also been prayed for commanding the State Government to execute the lease deed for excavation of Pyrophillite and Diaspore in respect of an area measuring 4.168 Hectares situate at Village Puradhankuon, Tehsil Mahrauni, district Lalitpur.

2. The brief facts of the case are: the petitioner made an application for a prospecting licence of Pyrophillite and Diaspore over an area measuring 32.67 acres vide application dated 27.8.1994, but the State Government vide order dated 23.9.1997 granted only an area measuring 3.24 hectares for a period of 2 years. The State Government vide order dated 30.8.2010, modified its earlier order by granting an additional lease of the aforesaid mineral for a period of 20 years for a total area of 4.168 hectares. The petitioner got prepared




















































































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