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2023 Supreme(All) 1303

SIDDHARTHA VARMA, MANOJ BAJAJ
Manali Vintrade Private Limited – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Swati Singh, Birendra Singh

JUDGMENT :

(1) The petitioner had applied for a license/permit when an advertisement was issued inviting E-tenders under Rule 23(2)(a) of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. When the petitioner's tender was accepted a permit was granted to him for six months on payment of Rs.2,77,20,000/-. The mining was to commence on 09.05.2022 and end on 08.01.2023. The permit itself provided that during the monsoon season for the months of July, August and September no mining would be done.

(2) In the meantime, one Dileep Singh approached the National Green Tribunal and filed an Original Application being Original Application No.319 of 2022 (Dileep Singh Vs. State of U.P. and others) and alleged that the petitioner did not have a proper environmental clearance certificate. To begin with the Green Tribunal on 9th May, 2022 directed that no mining activities were to be done by the petitioner at the mining site. This order, however, merged in the final order of the Green Tribunal which on 1st July, 2022, while disposing of the original application provided that the State Environmental Impact Assessment Authority, Uttar Pradesh (S.E.I.A.A.) had to revisit the environmental clea

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