Harish Tandon, J. - (1.) The application for grant of short term mining licence is rejected by the District Land & Land Reforms Officer, Hooghly solely on the ground that the environmental clearance certificate is not filed by the petitioner.
(2.) An argument was advanced on behalf of the petitioner that such environmental clearance certificate is not the requisite condition for grant of short term mining licence, but such contention was not accepted by the said authority because of the judgement of the Apex Court in case of Common Cause vs against Union of India & Ors, 2017 9 SCC 499.
(3.) My attention is drawn to the observations made in paragraph 84 of the said judgment, wherein it is held that to ensure protection and preservation of the environment and flora of the area, the holder of a mining lease must ad-here to the standards laid down in the Environment (Protection) act, 1986 as well as the laws pertaining to air and water pollution. It is further observed that the provisions of the Act relating to environment are impliedly ingrained with the Mines and Minerals (Development & Regulations) Act and the Rules framed thereunder.;