- (1.) WE have heard learned Counsel for the panics. Leave granted.
(2.) BY the impugned order, the High Court has directed the State of Haryana to apply to the Expert Appraisal Committee for determining the Terms of Reference (TOR) and get the Environmental Clearance Impact Assessment Report (EIAR) required for the entire 'mining area' falling within the fragile Shivalik Ranges of the Himalayas and then complete the process of 'public consultation', prescribed at Stage III in the Central Government Notification dated 14th September, 2006 and thereafter get a final Environmental Impact Assessment Report prepared.
(3.) THE only point raised in these appeals by the Appellant is that the State of Haryana could not have applied for environmental clearance and it is the party who has applied for mining lease who has to apply for environmental clearance. We have been told by the learned Counsel for the Appellants that in all other states applications are being filed for environmental clearance by the party applying for mining lease and the view taken by the High Court was not a correct view. In fact, a fresh Notification dated 4th April, 2011 has been issued by the Ministry of Environment and Forests, Government of India under Sub -section (1) and Clause (v) of Sub -section (2) of Section 3 of the Environment Protection Act, 1996 read with Clause (d) of sub -rule 5 of Environment Protection Rules wherein it has been clarified that the applicant seeking prior environmental clearance shall be made by the project proponent.;