AJAY GUNWANI vs UNION OF INDIA THROUGH MINISTRY OF FOREST ENVIRONMENT AND CLIMATE CHANGE
Party Details
- AJAY GUNWANI
- AJAY GUNWANI
- UNION OF INDIA THROUGH MINISTRY OF FOREST ENVIRONMENT AND CLIMATE CHANGE
- MINERAL RESOURCE DEPARTMENT THROUGH PRINCIPAL SECRETARY
- DIRECTOR OF GEOLOGY AND MINES DIRECTORATE OF GEOLOGY AND MINING
- MADHYA PRADESH STATE MINING CORPORATION LTD. THROUGH EXECUTIVE DIRECTOR
- CENTRAL POLLUTION CONTROL BOARD THROUGH ZONAL DIRECTOR
Case Summary
AJAY GUNWANI and AJAY GUNWANI filed Case No. Original Application No. 99/2023 in the National Green Tribunal on 31 Aug 2023 against UNION OF INDIA THROUGH MINISTRY OF FOREST ENVIRONMENT AND CLIMATE CHANGE and MINERAL RESOURCE DEPARTMENT THROUGH PRINCIPAL SECRETARY. The case has had one hearing so far. The case is currently pending. 1 order has been issued in this matter.
Hearing History (1)
- Hearing
Judge: Mr. Justice Sheo Kumar Singh Dr. A.Senthil Vel
Orders (1)
- 4SEP 2023judgementView Order ↗
Order No: 1
Judgement DetailsView full order PDF ↗
1 Item No.
1 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing) Original Application No.
99/2023(CZ) Caveat No.11/2023 (CZ) Caveat No.12/2023 (CZ) Caveat No.13/2023 (CZ) Caveat No.14/2023 (CZ) Caveat No.15/2023 (CZ) Caveat No.17/2023 (CZ) Caveat No.18/2023 (CZ) Caveat No.19/2023 (CZ) Ajay Gunwani Applicant(s) Versus Union of India& Ors.
Respondent(s) Date of Hearing: 04.09.2023 CORAM: HON’BLE MR.
JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR.
A SENTHIL VEL EXPERT MEMBER For Applicant(s): Mr.
Shivanshu Singh, Adv. with Mr.
Rohit Sharma, Adv.
For Respondent(s) : Mr.
Om Shankar Shrivastav, Adv.
ORDER 1.
The crux of the issue revolves around the issuance of Tender Notices dated 11.08.2023 by MP State Mining Corporation in encompassing Sand Mining activities in 17 districts name Guna, Rajgarh, Dhar, Dewas, Singrauli, Shahdol, Annupoor, Shajapur, Dindori, Panna, Tikamgarh, Alirajpur, Ujjain, Mandsaur, Ratlam, Agar-Malwa and Bhind whereby a bidders have been directed to ensure physical verification of the sand mines before executing of tender.
2.
Contention of the Learned Counsel for the Applicant is that vide appendix table 9 of guidelines the normal dates of onset and withdrawal of monsoon in the State of MP is 15th June to 1st October and the State of MP observes a monsoon ban during this period.
The contention of the Applicant is that it is in violation of guidelines issued by MoEF&CC because NIT was issued during the ongoing 2 rainy season.
Learned Counsel for the Respondent/Shri Om Shankar Shrivastav put up in appearance and submitted that the e- tender process has been initiated which take time and the last date for filing the application for tender is 06.09.2023 which shall be opened (Tender proposal) on 08.09.2023 and be completed upto 14.09.2023.
Thereafter, it shall be sent to SEIAA which will consider on documentation / formalities / guidelines and replenishment study with DSR. with DSR.
It is at the stage of consideration of SEIAA and this application is premature.
In view of the above, simply floating the tender is a preliminary process and it is left for SEIAA to consider the matter at the time when the matters are placed before the SEIAA.
With these observations (since the application is premature) it is found that the application is not maintainable at present.
However, the Applicant will be at liberty to file afresh after decision taken by the SEIAA.
3.
With these observations, the Original Application No.
99/2023 (CZ) with all Caveat Nos.11/2023 (CZ), 12/2023 (CZ), 13/2023 (CZ), 14/2023 (CZ), 15/2023 (CZ), 17/2023 (CZ), 18/2023 (CZ), 19/2023 (CZ) stands disposed of.
Sheo Kumar Singh, JM Dr.
A Senthil Vel, EM 4th September, 2023 O.A No.99/2023(CZ) K