DINESH BOTHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Public Interest Litigation has been filed by the petitioner for restraining the allotment of the quarry license for mining activities in Sihanda area in pursuance of advertisement dated 4.3.2009 without obtaining the prior environmental clearance as mandatory under the Environmental Impact Assessment (EIA) Notification, 2006. The prayer has been made to quash the advertisement dated 4.3.2009 and the entire process of allotment of quarry license in pursuance of advertisement dated 4.3.2009 without obtaining the prior environmental clearance, may also be declared illegal.

(2.) It is submitted by the petitioner that he is a Journalist and student of LL.B. Final Year also. The Government of India has published a notification dated 14.09.2006 specifying the requirement for environmental clearance for establishment, expansion or modernization of any project or activity as covered under the said notification. It has been issued in exercise of the powers under Rule 5(3) of the Environmental Protection Rules, 1986 (hereinafter to be referred as Rules of 1986 ). The said notification imposes restrictions and prohibitions on new projects or activities or on expansion of modernization of existing project or activities based on their potential environment impact as indicated in the Schedule appended to the notification dated 14.9.2006, unless a prior environmental clearance has been taken from the Central Government or the State Level Environmental Impact Assessment Authority (in short SEIAA ) as the case may be. The said notification provides the categorization of project/activity looking to the spatial extend as well as the level of impact on human health and environment. The Clause 2 of the notification provides that in case, the project/activity falls under category 'A', the concern regulatory authority will be Ministry of Environment & Forests and in case of category 'B', the concerned authority will be SEIAA.

(3.) The State Government had issued an advertisement on 4.3.2009 inviting applications for quarry licenses for mining of sand-stones mineral in the Sihanda area of Tehsil Balesar, District Jodhpur. The State Government is going to allot a huge area for undertaking mining activities to the other individuals. The Department of Mines has taken a decision for undertaking mining activities upon a land admeasuring 201.06 hectare. Therefore, in view of the mandatory nature of the notification dated 14.9.2006, the respondent Department is certainly required to take a prior environmental clearance from the Ministry of Environment and Forests as the same falls within category 'A' project/activity. So far, no environmental clearance has been accorded to the Mining Department for the proposed mining activity at Sihanda area. The process of allotment has been started by Mining Department, which is in violation of the mandatory notification dated 14.9.2006 issued by the Government of India.