WPPIL/12/2018
2022 Latest Caselaw 545 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

                      SRI JUSTICE S.K. MISHRA, A.C.J.
                                  AND
                       SRI JUSTICE R.C. KHULBE, J.

05th MARCH, 2022

WRIT PETITION (PIL) No. 12 OF 2018

Between:

Jai Prakash Nautiyal.

...Petitioner and

State of Uttarakhand and another.

...Respondents

Counsel for the petitioner. : Mr. Arvind Vashistha, the learned Senior Counsel assisted by Mr. Imran Ali Khan, the learned counsel.

Counsel for the respondent no. 1. : Mr. A.S. Rawat, the learned Special Counsel assisted by Mr. Pradeep Joshi, the learned Additional Chief Standing Counsel for the State of Uttarakhand.

Counsel for the respondent no. 2. : Mr. V.K. Kapruwan, the learned Standing Counsel for the Union of India.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri S.K. Mishra, A.C.J.)

In this Writ Petition, the petitioner has

challenged the validity of the Uttarakhand Minor Minerals

(Concession) Rules, 2001.

2. However, it is brought to our notice that the

Uttarakhand Minor Minerals (Concession) Rules, 2001 have been repealed by the adoption of the new mining

policy by the State of Uttarakhand, dated 10.11.2021.

Therefore, the first prayer of the petitioner has become

infructuous.

3. With regard to the prayer no. 2, if the

petitioner still has any grievance, he may file a properly

articulated representation ventilating his grievances

before the respondent no. 1 i.e. the Secretary,

Department of Industrial Development, regarding the

environmental impact assessment of the areas proposed

for mining of minor minerals within 30 days by annexing

a copy of this order as well as a copy of the Writ Petition.

4. In such an event, the Secretary, Department of

Industrial Development-respondent no. 1 shall hear the

concerned parties and, after affording a reasonable

opportunity of hearing and production of documents to

the parties, shall take a decision within 45 days from the

date of production of a certified copy of this order, along

with a copy of the Writ Petition.

5. With the aforesaid observations, the Writ

Petition is disposed of.

6. In sequel thereto, all pending applications also

stand disposed of.

________________ S.K. MISHRA, A.C.J.

____________ R.C. KHULBE, J.

Dt: 05th March, 2022 Rahul