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2013 DIGILAW 887 (HP)

RAKESH CHANDER v. STATE OF H. P.

2013-10-17

A.M.KHANWILKAR, KULDIP SINGH

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JUDGEMENT A.M.KHANWILKAR - 1. HEARD counsel for the parties. 2. THE principal argument of the petitioner is that the application made by the petitioner on 12th May, 2012, be treated in law as deemed to have been granted, as no final decision was taken thereon within the prescribed period of sixty days, even though the committee had recommended the case of the petitioner vide 30th meeting of Expert Appraisal Committee for Environmental Appraisal of Mining Projects constituted under EIA Notification, 2006, on 31st August, 2012. However, we find force in the argument of the respondents that the application for grant or nongrant of permission ought to have been made to the State Authority in terms of the decision of the Apex Court in the case of Deepak Kumar and others versus State of Haryana and others1, decided on 27th February, 2012. In other words, the application preferred by the petitioner before the Central Authority was not before the competent forum in terms of the aforesaid Supreme Court decision as the lease area of the petitioner's land was admittedly less than 5 ha. Besides, we find that the Central Authority has already considered the case of the petitioner on 23rd July, 2013, vide Annexure P11. 3. IN view of this predicament, the counsel for the petitioner submits that the Central Authority be directed to transfer the file/proposal submitted by the petitioner to the State Authority, who, in turn, can decide it in accordance with law expeditiously. 4. COUNSEL for the respondents, in particular, Union of India, has no objection if such indulgence is shown to the petitioner, which would meet the ends of justice. In the interest of justice, these petitions are disposed of with direction to respondent No. 6 to forward the proposal submitted by the petitioner for grant of permission pursuant to application, dated 12th May, 2012, to the State Environment Impact Assessment Authority within one month from today and the said Authority shall decide the proposal not later than one month from receipt thereof. Petitions are disposed of while making it clear that we are not expressing any opinion on merits of the contention raised in the present petitions, which will have to be decided by the State Environment Impact Assessment Authority on its own merits in accordance with law. Pending application(s), if any, also stand(s) disposed of.