RAJESH KUMAR NISHAD Vs. STATE OF U P

JUDGEMENT

(1.) The main point involved in the writ petition relates to necessity of obtaining environmental clearance for mining activities under notification no. SO 1533 (E) dated 14.9.2006 (the Notification) issued under the Environment (Protection) Act, 1986 (the Act).

(2.) The Collector, Allahabad (the Collector) published a notice dated 2.5.2011 under UP Minor Minerals (Concession) Rules, 1963 (the 1963 Rules) for grant of permit for excavation of sand for three months. This notice was in respect of 10 acres of land at 15 different places situate near rivers Yamuna, Ganga, and Tons.

(3.) The Collector called reports and after considering the applications granted permits for 9 places only. A chart of these permits along with duration is appended as Appendix-1.