GANDHI LIME TRADER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of mandamus directing respondent No.1 to consider his case for approval of the Term of References (TOR) submitted by the petitioner for preparation of Envirnmonet Impact Assessment Report for grant of Environment Clearance to the petitioner. This Court while entering upon this petition noticed the grievance of the petitioner regarding inaction of the respondents to take appropriate action in terms of letter dtd. 30/5/2018 appended to the petition as Annexure P-9.

(2.) A perusal of Annexure P-9 shows that it reflects the entire history of the endeavour of the petitioner with regard to the mining in question which journey started in the year 1996 and after a lapse of 7 years, the petitioner succeeded in getting the letter of intent but only with the intervention of the Court. Finally, the lease was registered again after intense efforts on 21/2/2018, in fact as observed by us Annexure P-9 contains the entire history of the petitioner's struggle. Interestingly, the mandate which the petitioner seeks from the directions given by the Ministry of Environment also contains the brief facts affecting the claim of the petitioner and we would for the purpose of ready reference extract the same from there.

(3.) In the background of the above the Ministry of Environment- Government of India made the following recommendation:-