- (1.) VAKALATNAMA filed by Sri Om Prakash Srivastava on behalf of respondent No. 1 be taken on record.
(2.) THIS Public Interest Litigation has been filed with following reliefs: - - "(i) issue a writ, order or direction or a writ in the nature of mandamus declaring the Clause 7 in the Lease Deed in so far it allows use of machine for the purpose of mining by the State of Uttar Pradesh i.e. Respondent No. 2 to be avoid ab initio; (ii) issue a writ, order or direction or a writ in the nature of mandamus directing the Respondent Authorities to ensure that no mining activities within the District Banda is being carried on in violations of the conditions enumerated in the Environment Clearance granted; (iii) issue a writ, order or direction or a writ in the nature of mandamus directing the concerned Respondent Authorities to ensure that the conditions enumerated in the Environmental Clearance is being strictly adhered to by the Project Proponents; (iv) issue a writ, order or direction or a writ in the nature of mandamus directing the concerned Respondent Authorities to take appropriate legal action against all such Project Proponents, who are found to be violating the conditions enumerated in the environmental Clearance and also the prevalent Environmental Laws, and report the same to this Hon'ble Court; (v) issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstances of the case; (vi) award the costs of the petitioner to the petitioner." Sri. R.K. Ojha, learned Senior Counsel with reference to this impleadment application filed on behalf of Sri Prakash Chandra Dwivedi, has raised three preliminary objection with regards to this petition being entertained on following pleas: - - "(a) A writ petition was filed before the Lucknow Bench by his client being Writ Petition No. 10655 of 2013 (Manoj Tiwari & Another v. Union of India Thru. Ministry of Environment & Forest & Others). In the said writ petition, an order has been issued permitting him to use machines in the matter of excavation of minor minerals under the lease granted in his favour. Special leave petition filed by the State Government against the said order before the Apex Court is pending in which no interim order has been granted. (b) That the petitioner before this Court is none other than the driver of one Sri Jagdish Prasad Nishad who had filed Writ Petition No. 12136 of 2015 (Jagdish Prasad Nishad v. State of U.P. & 6 Others) before a Bench of which one of us (Arun Tandon, J.) was a member. The writ court passed an interim order on 26.2.2015 which was subsequently modified by another Division Bench on 31st March, 2015. The High Court has now permitted his client to use semi -mechanized machines for excavation of minor minerals. A recall application has been filed, which is pending. (c) That some members of the group of Sri Jagdish Prashad Nishad have also approached the National Green Tribunal for the same purpose and the same relief, which is pending there. Only notices have been issued. The present writ petition from para '6' to '32' is verbatim copy of the application which has been moved before the NGT, and the prayer is also the same."
(3.) SRI R.K. Ojha, learned Senior Counsel with reference to the paragraphs of the judgment of the Apex Court in the case of Deepak Kumar and others v. State of Haryana & Others reported in : (2012) 4 SCC 629, submitted that the Mining Plan has to take note of the level of production, level of mechanisation, type of machinery to be used in the mining of minor minerals, quantity of diesel consumption etc. Therefore, permission for use of machines for excavation of minor minerals is contemplated therein.;