Allahabad High Court - Lucknow Bench Judgement

Allahabad High Court - Lucknow Bench Judgement

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JUDGEMENT HEADLINE : Environmental Clearance Is Mandatory Prior To Carry On The Mining Operations.
JUDGEMENT TITLE : Mohd. Kausar Jah [ P.I.L.] Civil Vs. Union Of India Through Secy. Ministry Of Environment And On 04/29/2011 By Allahabad High Court - Lucknow Bench
CASE NO : MISC. BENCH NO. 9416 OF 2010
CORAM : Hon'ble Ferdino Inacio Rebello,Chief Justice And Hon'ble Devi Prasad Singh,J.



Writ Petition No. 9416 (M/B) Of 2010
Mohd. Kausar Jah Vs. Union Of India And Others
Writ Petition No.10025 Of 2010 (M/B)
Shyam Bahadur Sakhya
Union Of India & Ors.

For The Petitioner: Mr. R.N. Trivedi, Sr. Advocate Assisted By
Mr. Akhilesh Kalra, Advocate.
Mr. Mohd. Arif Khan, Sr. Advocate Assisted By Mr. Gaurav Mehrotra, Advocate.

For The Respondents: Mr. S.P. Singh, Sr. Advocate Assisted By
Ms. Pushpila Bisht, Advocate.
Mr. J.N. Mathur, Addl. Advocate General &
Dr. Ashok Nigam, Addl. Solicitor General Of India.

Hon'ble Ferdino I. Rebello, Chief Justice.
Hon'ble Devi Prasad Singh, J.

(Delivered By: Justice Ferdino I. Rebello, CJ)

Both The Writ Petitions Are Being Disposed Of By A Common Judgment As The Relief And Challenges Are Inter-connected. We May First Set Out And Deal With The Facts And Issues Of Writ Petition No.9416 (M/B) Of 2010.

The Petitioner Has Moved This Court Complaining Of Violation Of Notification No. S.O. 1533, Dated 14.09.2006 Issued By The Ministry Of Environment And Forest, Government Of India, In Exercise Of Powers Under Sub-section 1 And Clause (v) Of Sub-section (2) Of Section 3 Of The Environment (Protection) Act, 1986 (hereinafter Referred To As ''Environment Act

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