RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. 1. The present writ petition has been filed under Article 226 of the Constitution of India seeking following relief(s):

"For issuance of writ(s), order(s) particularly in the nature of Mandamus, directing the Respondent State and particularly the Respondent no. 6 to process and grant the Environmental Clearance to the Petitioner in the light of the conditions laid down in the notification (Annexure-5) dated 14.09.2006 considering the fact that the petitioner had been granted Mining Lease for Quartz and Quartzite vide Memo no. 65/2006-592/M, dated 26.03.2012 by treating it to be a major mineral but it is not in a position to operate and work on due to non-grant of due clearance from the Respondent no. 6 to which the petitioner is very much entitled under the (5) 14.09.2006 Alay provisions of EIA notification (Annexure-5) dated 14.09.2006."

2. The grievance of the writ petitioner is that mining lease has been granted vide Annexure-1 but due to non-issuance of environmental clearance from the respondent no.6, the lease could not have been executed.

3. Ms. Tanya Singh, the learned counsel appearing on behalf of the petitioner has submitted by referring to the counter-affidavit filed on behalf of respondent no.6 that the application could not have been made to State Environment Impact Assessment Authority, since, at that time the State Environment Impact Assessment Authority was not functioning due to expiry of the tenure of the committee.

4. Mr. Bhanu Kumar, the learned counsel appearing for the respondent no.6 has submitted that now the said authority is functioning and, thus, it is left open upon the writ petitioner to make an application for its consideration with respect to environmental clearance, in accordance with law.

5. On such submissions made on behalf of the learned counsel for the respondent(s), Ms.Tanya Singh, the learned counsel appearing for the petitioner has submitted that in view of the aforesaid submissions, the writ petition may be disposed of with liberty to the writ petitioner to make an application before State Environment Impact Assessment Authority for issuance of environmental clearance.

6. Heard the learned counsel for the parties and without entering into the merits of the case with respect to environment clearance, since, no adjudication has been made by State Environment Impact Assessment Authority in view of expiry of the period of the said authority and now the said authority has been functioning as has been submitted by Mr. Bhanu Kumar, the learned counsel appearing on behalf of State Environment Impact Assessment Authority, the writ petition is disposed of with liberty to the writ petitioner to approach the State Environment Impact Assessment Authority for obtaining environmental clearance. The such application will be filed within the period of three weeks from the date of receipt of the copy of this order.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoGvvaj2LVGzZjXyJqLYTYsT8zzkc2ZtdMm0YxnD8%2FEvq&caseno=WPC/1790/2021&cCode=1&cino=JHHC010122332021&state_code=7&appFlag=)

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