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2021 Supreme(Online)(NGT) 545

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, Sudhir Agarwal, J, Brijesh Sethi, J, Nagin Nanda, EM
Sandeep Kumar Singh – Appellant
Versus
State of UP – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rohit Kumar Singh, Mr. Atmaram N.S. Nadkarni, Ms. Pallavi Pratap
For the Respondents: Mr. Amil Tiwari, Mr. Pradeep Misra, Mr. Daleep Dhyani

Table of Content
1. tribunal outlines responsibilities for mining evaluations. (Para 1 , 2 , 3 , 4)
2. concerns raised over illegal mining activities. (Para 5 , 6)

ORDER

1. By this order, we proceed to deal with IA 7/2021 filed by the State of UP and EA 2/2021 filed by the applicant in OA 193/2020.

I.A. No. 07/2021

2. This application has been filed on behalf of the State of UP in pending OA for modification of order dated 18.09.2020 passed by this Tribunal requiring the State to take steps to ascertain carrying capacity i.e. replenishment potential of the area before permitting mining, as per details mentioned in the said order to which reference will be made in later part of this order. Instead of complying with the direction, long after passing of the order, the State has come up with the present application showing unwilling to take ownership of such responsibility and proposing to delegate the same to outside agencies, without any valid reason. We have heard learned Counsel for the applicant.

3. We may now refer to the order dated 18.09.2020 which is sought to be modified. The issue considered by this Tribunal is permissibility of mining activities without study of sustainability of

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