LAWS(P&H)-2009-9-99

VIJAY BANSAL Vs. STATE OF HARYANA

Decided On September 04, 2009
Vijay Bansal and Ors. Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) THIS order shall dispose of Civil Misc. No. 12170 and 13502 of 2009 moved by two different applicants, seeking clarification of our order dated May 15, 2009, whereby CWP No. 20134 of 2004 [Vijay Bansal and Ors. v. State of Haryana and Ors.] and CWP No. 4758 of 2008 [Chandi Mandir Stone Crushers Consumers Company v State of Haryana and Ors.] were disposed of.

(2.) VIDE order dated 15th May, 2009, we disposed of a Public Interest Litigation seeking investigation into indiscriminate and callous mining operations in the lower Shivalik Hills in District Panchkula, as also a writ petition, challenging the Central Government notification dated 14th September, 2006 which has mandated 'pre -environmental clearance' before permitting the mining operations. The whole gamut of. controversy was divided into six issues including Issue No. 1as to "what is the legal impact of the notification issued under Sections 3, 4 or 5 of the PLPA, 1900 -

(3.) THE Forest Department, Government of Haryana now seeks clarification of our conclusion drawn against Issue No. 1 inter -alia, pointing out that: