ASHWANI GUPTA Vs. APARNA ARORA

JUDGEMENT

(1.) Contempt of the order dated 10.11.2017 passed in SBCWP No.15594/2017 has been alleged in this contempt petition. The said order is short one, reads as under:-

(2.) Reply to the contempt petition has been filed.

(3.) Mr. Anurag Sharma, AAG for the respondent-State submitted that the petitioner's representation pursuant to the Court's order dated 10.11.2017 was considered on 9.5.2018. Therein it was indeed found that albeit the petitioner's mining lease was at the distance of 1210 meters from the boundary of the Baretha Wildlife Sanctuary, yet the NOC having been issued from the National Board for Wildlife, the environmental clearance could be granted and hence the petitioner's representation was rejected. Mr.Anurag Sharma, further pointed out that the petitioner having earlier approached this Court in SBCWP No.5065/2017 also on the issue of environmental clearance for his mining lease, vide order dated 25.4.2017 the said petition was disposed of and it was observed that the petitioner would be at liberty to make an application for environmental clearance afresh along with the required documents "including a copy of the application to seek wildlife clearance from the National Board for Wildlife." Mr.Anurag Sharma submitted that the Court having noted that an application for environmental clearance to the National Board for Wildlife was thus inextricably linked to making an application for environmental clearance a contrary argument cannot now be made. Mr. Anurag Sharma, further submitted that the Ministry of Environment and Forests under Government of India has issued an office memorandum dated 2.12.2009 wherein it has been interalia provided that while granting environmental clearance to projects involving forestland, wildlife habitat (core zone of Elephant/ Tiger reserve etc.) and located within 10 kms of the National Wildlife Park/ Wildlife Sanctuary, a specific condition shall be stipulated that the environmental clearance is subject to their obtaining prior clearance from the forestry and wildlife angle including from the Standing Committee of the National Board for Wildlife as applicable. Mr. Anurag Sharma, submitted that in terms of the order dated 25.4.2017 passed in SBCWP No.5065/2017 and the notification dated 2.12.2009 issued by the Government of India under Ministry of Environment and Forest the considered view of the respondents is that the application for environment clearance cannot be entertained without a NOC from the National Board for Wildlife in cases where the concerned industry/ mine is within 10 kms from the boundary of the Wild Life Sanctuary. He stated that hence the representation of the petitioner made pursuant to the Court's order dated 10.11.2017 passed in SBCWP No.15594/2017 has been rejected.