PARYAVARAN MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution, the petitioner, a non-governmental organisation working on socio environmental issues, has challenged the manner, the method and the mode in which the State Government allotted land admeasuring 24021.78 hectare in favour of respondent No.5 Archean Chemical Industries Private Limited at Bhuj for a period of 10 years on lease on rental value of Rs. 36,03,267/- per annum. It also appears from the pleadings and the reliefs prayed for in the petition that the petitioner has also raised two more issues, one with regard to scrapping of the Working Plan 2009 being in violation of the Environmental Impact Assessment Notification 2006, and secondly the mining activities within the protected area without environmental clearance, contrary to the judgments of the Supreme Court.

(2.) At the very outset, learned counsel Mr. Amit Panchal appearing for the petitioner submitted that he would be pressing this petition only to the extent so far as the grant of land to respondent No.5 Archean Chemical Industries Private Limited is concerned. So far as the other two issues are concerned i.e. scrapping of the Working Plan 2009 and the mining activities within the protected area without environmental clearance, he would undertake appropriate legal remedy before the appropriate forum and for this purpose he sought permission of this Court. We clarify that so far as the above two issues are concerned, it will be open for the petitioner to initiate appropriate legal remedy available under the law before the competent forum.

(3.) We therefore, proceed to consider the case of the petitioner in so far as the land allotted in favour of respondent No.5 is concerned.