Bombay High Court
M/S Eagle Infra India Ltd., Thr. ... vs The U. O. I., Thr. Secretary, ... on 17 August, 2022
Bench: A.S. Chandurkar, Urmila Sachin Phalke
79-WP-2748-22.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 2748 of 2022
M/s. Eagle Infra India Ltd. through its Director-Ramprakash B. Mishra, Ulhas
Nagar, Maharashra
vs.
The Union of India through its Secretary, Ministry of Environment, Forest and
Climate Change, New Delhi and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri A. M. Ghare, Advocate with Shri A. A. Kathane, Advocate for
petitioner.
Shri C. J. Dhumane, Advocate for respondent Nos.1 and 3.
Ms. N. P. Mehta, Assistant Government Pleader for respondent No.2.
CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE : August 17, 2022
P. C.
The petitioner is a Company undertaking construction of
all roads and highways. It has been awarded work of
construction of a portion of National Highway No.6. While
undertaking that work it was required to procure
Murrum/ordinary earth for levelling and filling work. It is
the case of the petitioner that in view of Government
Resolution dated 29/11/2017 it was permitted to use ordinary
earth for levelling and filling of roads under construction. On
03/02/2022 the National Green Tribunal, Bench at Pune
passed an order directing that no mining activity would be
permissible for area below 5H without Environmental
Clearance. The petitioner has thus challenged the said order
of the National Green Tribunal.
On 06/07/2022 after hearing the learned counsel for
the parties, the following order was passed :
" Pursuant to the judgment of the Hon'ble Supreme
Court in the case of Deepak Kumar and others vs. State
of Haryana and others [(2012) 4 SCC 629], the Ministry
of Environment, Forest and Climate Change has issued a
Notification dated 28.03.2020 and has proposed certain
amendments in the earlier Notification dated
14.09.2006. As per this Notification, Appendix IX Clause
6 thereof reads as under:
"6. Extraction or sourcing or borrowing of ordinary
earth for the linear projects such as roads,
pipelines, etc."
The National Green Tribunal by its order dated
03.02.2022 has observed that no mining activities could
be allowed in violation of the requisite environment
clearance being obtained in terms of the judgment in
Deepak Kumar and ors (supra). The State Government
through its Ministry of Revenue and Forest has issued a
communication dated 24.03.2022 to all Divisional
Commissioners and Collectors stating therein that while
granting permission even for temporary mining activities,
environment clearance should be obtained.
The petitioner seeks to undertake activity of laying
of roads and hence has sought to rely upon exemption
indicated in Appendix IX of the Notification dated
28.03.2020.
The learned Assistant Government Pleader for the
respondent no.2 obtain instructions as whether in the
light of such exemption it would still be necessary for the
petitioner to obtain necessary environment clearance
while extracting or borrowing of ordinary earth for the
linear projects such as roads, pipelines, etc.
Stand over two weeks."
Pursuant thereto an affidavit has been filed by the Joint
Secretary, Revenue and Forests Department of the State of
Maharashtra. It has been stated therein that the Cabinet
Committee of the State of Maharashtra has taken a decision to
grant exemption from obtaining 'Environment Clearance' for
temporary permit vide communication dated 12/12/2013. It
has been further stated that it would be cumbersome and
difficult to obtain Environment Clearance for every excavation
quantity. It is for that reason that the earlier procedure
adopted for temporary permit would be necessary.
The learned counsel for the petitioner submits that
on 08/08/2022 the respondent No.1 has issued Office
Memorandum wherein it is stated in paragraph 5 as under :
" 5. Based on the recommendations of the EAC and keeping in
view the direction of Honourable NGT, the matter has been
examined by the Ministry in detail and it has been decided that the
exemption from EC provided vide S.O.1224 (E) dated 28/03/2020
for "extraction or sourcing or borrowing of ordinary earth for linear
projects such as roads, pipelines etc." shall be subject to Standard
Operating Procedure (SOP) as enclosed to this Office
Memorandum."
The Office Memorandum dated 08/08/2022 is taken on
record and marked 'A' for identification. Alongwith said Office
Memorandum, the Standard Operating Procedure (SOP) has
been prescribed in the matter of excavation of ordinary earth.
In view of aforesaid, since the Central Government
has now clarified the applicability of the Environmental
Impact Assessment Notification 2006 by issuing Standard
Operating Procedure for the purpose of extraction or sourcing
or borrowing of ordinary earth for linear projects to be subject
to Standard Operating Procedure, the petitioner would be
required to follow the said Standard Operating Procedure
while extracting or sourcing or borrowing of ordinary earth for
linear projects. It is also the stand of the Revenue and Forests
Department that it would be cumbersome and difficult to
obtain Environment Clearance for every excavation quantity
and hence exemption for obtaining environmental clearance
for temporary permit was allowed as per the communication
dated 12/12/2013. The respondents in the aforesaid facts are
thus duty bound to ensure that the aforesaid Office
Memorandum dated 08/08/2022 along with its Standard
Operating Procedure is followed when a temporary permit is
granted as per communication dated 12/12/2013 while
extracting and borrowing of ordinary earth for linear projects
such as roads, pipelines etc.
By clarifying the aforesaid aspect, the writ petition is
disposed of with no order as to costs.
Authenticated copy of this order be supplied to the
counsel for the parties to act upon.
(URMILA JOSHI-PHALKE, J.) (A. S.CHANDURKAR, J.)
Digitally signed byASMITA
ADWAIT BHANDAKKAR
Signing Date:18.08.2022 Asmita
14:36:22
