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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, J, A. Senthil Vel, Expert Member
Mohan Prakash – Appellant
Versus
Ministry of Environment Forests and Climate Change through the Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to e-auction absent valid dsr. (Para 1 , 2 , 3 , 4) |
| 2. eia notification mandates prior ec for mining. (Para 5 , 6) |
| 3. deiaa invalid; seiaa must approve dsr. (Para 7 , 8 , 9 , 10) |
| 4. auction invalid without seiaa-approved dsr. (Para 11 , 12 , 13 , 14) |
| 5. e-auction notice set aside. (Para 15) |
ORDER
1. In this Original Application, applicant has challenged the advertisement dated 22.06.2022 issued by respondent no. 6, District Magistrate Agra for e-auction for six months (short term permit) and the LOI issued in pursuance thereto in favour of respondent no. 7, M/s P.D. Contractor in respect of the area at Gata No. 1 and 2 situated in village Swami Ehatmali, Tehsil Sadar, District Agra admeasuring 6.07 hectares. The plea of the applicant is that the District Survey Report (DSR) for District Agra was prepared in 2017 for five years which has come to an end in 2022 and thereafter, no fresh DSR has been prepared nor any replenishment study has been done. Therefore, the impugned auction notice cannot be sustained in view of the judgment of the Supreme Court in the matter of Deepak Kumar & Ors. vs. State of Haryana & Ors. reported in (2012) Vol 4 SCC 629.
2. The Tribun
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