NAWAL KISHORE GUPTA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-2-183
HIGH COURT OF RAJASTHAN
Decided on February 01,2018

NAWAL KISHORE GUPTA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

M.N.Bhandari, J. - (1.) By these writ petitions, a challenge is made to the notices dated 3rd March, 2017 and 8th April, 2017 as well as orders dated 1 st September, 2017 and 11th September, 2017 apart from order dated 8th September, 2017.
(2.) A similar writ petition bearing No.17955/2017, M/s. Chandak Associates Vs. State of Rajasthan & Ors., was dismissed by this court by a detailed order on 13th October, 2017 and it applies to this case also.
(3.) Subsequent to the aforesaid, another writ petition bearing No.11399/2017, Shiva Corporation (India) Limited Vs. State of Rajasthan was also dismissed at Principal Seat, Jodhpur on 22nd November, 2017. The operative part of the said judgment is reproduced hereunder: "Admittedly, the Letter of Intent ("LOI") was issued to the petitioner on 28.01.2013. The petitioner was required to get the environmental clearance Certificate within the stipulated period under the terms and conditions of the LOI so issued and now the petitioner wants to avail further period of one year stated to be granted under the new Rule. Accordingly, this Court finds no reason to disagree with the judgment rendered by the learned Single Judge at Jaipur Bench of this Court in the case of M/s. Chandak Associates especially when the learned Single Bench too while dismissing the writ petition took into consideration the fact that the petitioner- firm even in that case had failed to comply with the condition of the temporary working permit and the terms and conditions of the LOI. The Court further held that the cancellation of LOI in absence of mining operation by the petitioner-firm cannot be said to be illegal. Besides, the Apex (3 of 3) [CW-11399/2017] Court in the case of Naveen Sharma Vs. The State of Rajasthan & Ors. vide its order dated 16.11.2017 passed in Special Leave to Appeal (C) No.34811/2013) has come down heavily on the Ministry of Environment, Forest and Climate Change about degradation of the environment in Rajasthan and being totally unconcerned by allowing the mining to continue in spite of their not obtaining environment clearance certificate. Dismissed accordingly.";


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