ASHWANI GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 10th March, 2017 passed on the application made by the petitioner for environmental clearance to operate the mining lease.

(2.) It is further submitted that issue about environmental clearance was required to be determined by the State Level Committee and not by the District Level Committee and accordingly, it should have been referred to the State Level Committee. The respondents have failed to take note of the aforesaid also, hence, impugned order deserves to be set aside on the ground aforesaid.

(3.) Lastly, it is submitted that Bandh Baretha has not been notified to be sanctuary thus directions issued by the Government of India are not applicable presently till area is notified, hence, for the aforesaid reason also, the order dated 10th March, 2017 is not tenable.