M.N.BHANDARI, J. - (1.) By this writ petition, a challenge is made to the order dated 10th March, 2017 passed on the application made by the petitioner for environmental clearance to operate the mining lease. Learned counsel submits that environmental clearance has been denied to the petitioner though mining lease allotted to him is 600 metres away from Bandh Baretha Wild Life Sanctuary. It is further submitted that two applicants namely, Smt. Rashmi Sharma and Satish Choudhary have been given environmental clearance though their mining leases exist at the distance of 50 to 250 metres and are closer to the Bandh Baretha Wild Life Sanctuary than the Mines of the petitioner. The environmental clearance therein has been given subject to satisfaction of various conditions thus respondents should have given similar treatment to the petitioner.
(2.) It is further submitted that issue about environmental clearance was required to be determined by the State Level Committee and not by the District Level Committee and accordingly, it should have been referred to the State Level Committee. The respondents have failed to take note of the aforesaid also, hence, impugned order deserves to be set aside on the ground aforesaid.
(3.) Lastly, it is submitted that Bandh Baretha has not been notified to be sanctuary thus directions issued by the Government of India are not applicable presently till area is notified, hence, for the aforesaid reason also, the order dated 10th March, 2017 is not tenable.;