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Sonanchal Paryavaran Sanrakshan Samiti vs State Of U P And Others

High Court Of Judicature at Allahabad|26 October, 2018
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JUDGMENT / ORDER

Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4630 of 2018 Petitioner :- Sonanchal Paryavaran Sanrakshan Samiti Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shailesh Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
This petition for writ said to be filed in public interest is before us to have reliefs as under:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents to declare/notify the land falling in Tehsil-Robertsganj & Duddhi under Section 20 of the Indian Forest Act, 1927 for which Section 4 of the Indian Forest Act, 1927 has issued on 02.08.1969 (Annexure No. 1) and till then not to settle any mining lease over the land which has been notified under Section 4 of Indian Forest Act as reserve forest.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 and 4 not to execute any mining lease of the arazi no. 531 Anga area 185.00 acre of the Village- Sasanai, Tehsil-Robertsganj which has been carved out from the old plot no. 400-Anga (which has been notified under section 4 of Indian Forest Act) and till today declaration under Section 20 has not been made and also that plot is within the periphery of eco-sensitive zone of the Kaimur Wild Life.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation dated 12.10.2018 (Annexure No. 8) within stipulated period."
The cause sought to be agitated in this petition for writ can very well be agitated by the petitioner before the National Greens Tribunal constituted under National Green Tribunal Act, 2010.
In view of that, we are not inclined to entertain this petition for writ. The writ petition is dismissed accordingly.
Order Date :- 26.10.2018/Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, A.C.J.)
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Title

Sonanchal Paryavaran Sanrakshan Samiti vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 October, 2018
Judges
  • Govind Mathur Acting Chief
Advocates
  • Shailesh Kumar Pathak