1. Learned Advocate General has placed before me, a notification dated 04.01.2017 issued by the Central Government. This notification permits, according to the learned Advocate General, execution of mining lease, notwithstanding the fact, that Environmental Clearance Certificate has not been obtained by the petitioner.
2. Learned Advocate General says that the only caveat entered is that is no mining activity can be carried out by the petitioner, till such time, it obtains an Environmental Clearance Certificate, under the relevant Statute and the Rules framed thereunder.
3. Learned counsel for respondent No.1 supports the submission advanced by the learned Advocate General.
4. In view of the aforesaid submission of the counsel for the respondents, I have put to them, whether the writ petition can be disposed of, in the terms of the notification dated 04.01.2017.
5. Learned Advocate General, who appears for respondents 2 to 4 and Mr.C.V. Ramachandramoorthy, learned Senior Panel Counsel, who appears for Union of India, i.e, respondent No.1, submit that such a direction could be passed.
6. Hence, respondent Nos. 2 and 4 shall ensure that the mining lease is granted and executed in favour of the petitioner, notwithstanding the fact that Environmental Clearance Certificate has not been obtained, the only caveat being that the petitioner will not carry out any mining activity, till such RAJIV SHAKDHER,J.
nv time, Environmental Clearance Certificate is obtained, as required under the relevant Statute and the Rules framed thereunder.
7. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Resultantly, connected W.M.P. No.38200 of 2016 stands closed. 05.01.2017 nv (Note to Office: Issue order copy by 06.01.2017) W.P. No. 44336 of 2016 http://www.judis.nic.in