SANDEEP SANGWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition by way of a PIL seeks quashing of auction notice dated June 3, 2011 issued by the Director, Mines and Geology, Haryana for auction of minor mineral quarries not exceeding 4.5 hectares in each case for extraction of Boulder, Gravel and sand for nine months.

(2.) MAIN ground to challenge the impugned notices is that the proposed mining is in violation of notification issued by the Central Government dated 14.9.2006 requiring Prior Environmental Clearance (PEC) and also in violation of judgment of this Court dated 15.5.2009 in CWP No. 20134 of 2004, Vijay Bansal and others v. State of Haryana and others. To circumvent the notification of the Central Government and judgment of this Court, the area of quarries in impugned notices is restricted to 4.5 hectares but location of plots being contiguous to each other, the area covered is far beyond 50 hectares. Thus, by mere sub division, the State is circumventing the Central Government notification and judgment of this Court. Reliance has also been placed on order of Hon'ble the Supreme Court dated 18.3.2011 in SLP (Civil) CC 5462 of 2011, Matsya Education and Rural Development Trust v. state of Haryana and others, read with order dated 20.5.2011 in the same case whereby order of this Court dated 4.3.2011 in CWP No. 4758 of 2008 permitting grant of mining contracts/permits upto 31.7.2011 as one time measure was stayed.

(3.) WE have heard learned counsel for the parties.