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2024 Supreme(Online)(NGT) 5386

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, A. Senthil Vel, Expert Member
Rajiv Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vanshdeep Dalmia, Ms. Anisha Jain
For the Respondents: Mr. Bhanwar Pal Singh Jadon, Mr. Hardik Saxena, Mr. Mukesh Verma

Table of Content
1. challenge to sand mining ecs under ngt ss.14/15. (Para 1 , 2 , 3)
2. ecs appealable under s.16 within 30 days; time-barred. (Para 4 , 5 , 6 , 7)
3. ss.14/15 not for bypassing s.16 appellate limitation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. prior cases distinguished; no violations averred. (Para 15 , 16 , 17 , 18)
5. no evidence of ec violations; oa dismissed. (Para 19 , 20 , 21 , 22 , 23)

ORDER

1. Heard Mr. Vanshdeep, Counsel appearing for Applicant.

2. The present Original Application (hereinafter referred to as ‘OA’ under Sections 14 and 15 under National Green Tribunal Act, 2010 (hereinafter referred as ‘NGT Act 2010) has been filed by Rajiv Kumar assailing Environmental Clearances (hereinafter referred to asEC) dated 18.12.2018 and 15.10.2020 issued by State Environment Impact Assessment Authority, State of Uttar Pradesh (hereinafter referred to as ‘SEIAA, UP) i.e., respondent no. 4 in respect of two adjoining sand mining areas situated at Gata No. 1, Khand No 1 and 2, Village Unchgaon Khadar, Tehsil- Dibai, District Bulandshahar, Uttar Pradesh. Applicant prays for setting aside/termination of the said ECs. He has also said that subsequently, vide orders da

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