APCO INFRATECH PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, DISTRICT Vs. STATE OF JHARKHAND, THROUGH THE SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner contends that in view of the notification dated 13th March, 2013 (Annexure-4) issued under Sec. 5 of Environment (Protection) Act, 1986 incorporating amendment to the notification dated 14th Sept., 2006 bearing no. S.O.1533(E) of the Ministry of Environment and Forests to the effect provided that no fresh environment clearance shall be required for a mining project or activity at the time of mining lease, which has already obtained environment clearance, under this notification , petitioner, who is a lessee of minor mineral, whose lease has been extended for a period of 10 years with effect from 14th March, 2015 vide (Annexure-9) and Lease Agreement (Annexure-10), is not required to obtain fresh environmental clearance as the existing environmental clearance granted by respondent no. 3 dated 7th May, 2014 (Annexure-8) would be deemed to continue during currency of renewal period.

(3.) Consequential reliefs have been asked for by directing the respondents to treat the environmental clearance of the petitioner granted vide Annexure-8 dated 7th May, 2014 as being deemed to have been extended during currency of renewal lease period. An alternative prayer has also been made to direct the respondent no. 3 to issue an order declaring notional grant of formal extension of environment clearance with effect from 14th March, 2015.