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2002 DIGILAW 1296 (SC)

M. C. MEHTA v. UNION OF INDIA

2002-10-13

ARIJIT PASAYAT, B.N.KIRPAL, Y.K.SABHARWAL

body2002
ORDER IANo.1821 1. At the request of the learned counsel for the parties adjourned for four weeks. IA No. 1816 2. Information required from DDA vide this Courts order dated 12-8-2002 has not yet been furnished. DDA shall file an affidavit within six weeks giving details of the properties which are being misused or being used for commercial purposes instead of industrial purposes. DDA to also indicate as to what steps have been taken in accordance with law to prevent such misusers and realisation of damages, etc. To come up after eight weeks. 3. It is represented that applications have been filed with regard to a environment impact assessment, and for approval of plans with regard to the mining activity which was proposed by the applicantslleaseholders. The said applications have to be dealt with in terms of the notification dated 27-1-1994 of the Ministry of Environment and Forests. The said notification relates to environment impact assessment of development projects. It appears that environment clearance has not been obtained and the learned connsel snbmit that the applicants/leaseholders cannot be faulted for this. 4. It is qnite obvious that on the principle of sustainable development, no mining activity can be carried out without remedial measures taking place. For this purpose, it is necessary that environment impact assessment is done and the applications dealt with before any mining activity can be permitted. 5. Counsel will give on the next date of hearing list of applications which were filed, so that the Ministry of Environment can be put to notice and be required to deal with those applications and to dispose of them within a period to be specified by this Court. 6.Liberty to file additional affidavits given. 7. The State of Haryana will also explain on the next date of hearing as to whether royalty payable to the villages has been given or not. 8. To come up on 25-11-2002. 9. To be listed before a Bench of which Honble Mr Justice Y.K. Sabharwal is a member.