Sudiep Shrivastava v. Union Of India And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 29 of 2013 Sudiep Shrivastava S/o Shri V.P. Shrivastava Aged About 44 Years R/o Mungeli Naka, Bilaspur, Thana Civil Lines, Distt. Bilaspur C.G. ---- Petitioner

Versus

1. Union Of India, Through Secretary, Ministry Of Environment And Forest, CGO Complex, New Delhi

2. Ministry Of Mines Through Its Principal Secretary, Shastri Bhawan, New Delhi

3. State Of C.G. Through Principal Secretary, Deptt. Of Mines, Mantralaya, Mahanadi Bhwan, New Raipur, Dist Raipur, CG

4. Deptt Of Industries, Through Its Principal Secretary, Mantralaya, Mahanadi Bhawan, New Raipur, Dist Raipur, CG

5. Central Pollution Control Board, Govt. Of India, Parivesh Bhawan, East Arjun Nagar, New Delhi, Through Its Chairman, New Delhi

6. Central Water Commission, Sewa Bhawan, R.K. Puram, New Delhi, through its Chairman, New Delhi

7. C.G. Environment Conservation Board, Through Its Secretary, Avanti Vihar, Raipur, Dist Raipur, CG

8. The Secretary Water Resources Deptt, Govt. Of C.G., Mantralaya, Mahanadi Bhawan, New Raipur, Dist Raipur, CG

9. Collector, Bastar Jagdalpur, Dist Bastar, CG 10.Collector, South Bastar, at Dentewada, Distt. Dantewada, CG

11. Collector, North Bastar, Kanker, Distt Kanker, CG 12.Collector Narayanpur, Dist Naryanpur, CG 13.C.G. State Industrial Development Corporation (CSIDC), Jeevan Beema Parisar, Pandari Raipur, Dist Raipur, (CG), Through Its Managing Director 14.M/s Tata Iron & Steel Ltd., Having Its Registered Office At Bombay House, 24, Homi Mody Street, Mumbai (MS), Through Its Managing Director.

15.Essar Steel C.G. Ltd Having Its Registered Office At Po Haziar, Dist Surat 394270 (Gujrat) Through Its Manging Director ---- Respondents

For Petitioner : Shri Harsh Wardhan, Advocate For State : Shri Prafull Bharat, Additional Advocate General For Respondents : Shri V.V.S. Murthy, Senior Advocate with Shri Rajeev Rambhatla, Shri Ashish Shrivastava, Shri Animesh Verma and Ms. S. Harshita, Advocate appears on behalf of Shri Abhishek Verma, Advocates for respective respondents Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per Thottathil B. Radhakrishnan, Chief Justice 08/01/2018

1. This writ petition is instituted in Public Interest pleading that certain projects stated therein cannot be permitted, having regard to the different requirements of the local inhabitants, particularly, for potable water and other environmental concerns.

2. With the passage of time, one of the promoters has withdrawn from the scene. The land acquisition proceedings have reached the stage of lapse on account of not taking possession or passing award within the statutory period. This obviously means that the land acquisition proceedings would have terminated by passage of time and culmination by lapse. The so called clearances given for the projects in relation to attendant matters also do not survive for any practical purpose since the project cannot be had without the availability of the land. The larger public interest which is sought to be pushed in this writ petition, does not further deserve to be carried forward through the judicial forum since the change of events has resulted in the impugned projects failing, lock, stock and barrel.

3. For the aforesaid reasons, this writ petition is closed in the aforesaid premise recording that no action would follow in furtherance of the project proposals impugned in this writ petition.

4. Writ petition is ordered accordingly.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Kamde