Regional Officer Chhattisgarh Environment Conservation Board v. Union Of India
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 144 of 2019 (Arising out of order dated 21.06.2019 passed by the Learned Divison Bench in WPPIL No. 44 of 2019)
1. Regional Officer Chhattisgarh Environment Conservation Board Regional Office, TV Tower Road, Raigarh, District Raigarh Chhattisgarh.
2. Member Secretary Chhattisgarh Environment Conservation Board Paryavaas Bhawan, North Block Sector- 19, Atal Nagar, New Raipur District Raipur Chhattisgarh.
---- Petitioner
Versus
1. Union of India Through Its Ministry of Enviroment, Forest And Climate Change, Government of India, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi,
2. State of Chhattisgarh Through Its Principal Secretary, Housing And Environment Department, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.
3. State Enviroment Impact Assessment Authority Through Its Chairman, P 4b/226, Near Canara Bank, Sector -27, New Raipur, District Raipur Chhattisgarh.,
4. District Collector and District Magistrate Raigarh, District Raigarh Chhattisgarh.
5. M/s Mahavir Coal Washery Private Limited Through Its Vice President, 198, Vasant Enclave, Rao Tularam Marg, New Delhi.
6. Ramesh Agrawal S/o Late Shri Jai Narayan Das Agrawal aged about 64 Years R/o Satyam Kunj, Itwari Bazar, Nayaganj, District Raigarh Chhattisgarh. (writ-petitioner) ---- Respondents ________________________________________________________________ For Petitioner :
Shri Animesh Tiwari, Advocate For Respondent-UOI :
Shri B. Gopa Kumar, Assistant Solicitor General with Ms. Jyoti Singh, Advocate For Respondent-State :
Shri Siddharth Dubey, Deputy G.A.
For Respondent No.5 :
Shri Abhyuday Singh, Advocate For Respondent-writ petitioner :
Shri K. Rohan, Advocate.
Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Goutam Bhaduri, Judge Order on Board P. R. Ramachandra Menon, Chief Justice 25.09.2019 1.
This review petition has been filed by the Member Secretary of the Chhattisgarh Environment Conservation Board. The error apparent on the face of the record, as pointed out by the learned counsel for the review
petitioner, is that as per the relevant provisions of law, the public hearing can be conducted by the authorities mentioned therein, which need not be heard by the Member Secretary himself, due to various reasons, as explained in the review petition. 2.
Heard both the sides.
3.
Writ Petition (PIL) No. 44 of 2019 was disposed in terms of the judgment dated 20.06.2019 passed in WP(PIL) No. 43 of 2019. A review petition has been filed against the judgment dated 20.06.2019 passed in WP(PIL) No. 43 of 2019 as Review Petition No. 128 of 2019, which stands disposed of vide order dated 25.09.2019. 4.
Learned counsel for the parties jointly submit that this review petition may also be disposed of in terms of the order passed in Review Petition No. 128 of 2019 decided on 25.09.2019. The operative portion of the said order is extracted below :
"4. In the said circumstances, we hold that there is an 'error apparent on the face of record', as contained in the last paragraph of the order dated 20.06.2019 in WPPIL No. 43 of 2019, holding that the hearing on the objections shall be conducted by the 5th Respondent himself and not by the 6th Respondent. This will stand corrected and modified to the effect that it shall be done by any of the competent authority as mentioned in Clause 4.1 of the aforementioned Notification."
5. In view of the above submission, this Review Petition stands disposed of in the terms order dated 29.09.2019 passed in Review Petition No.128 of 2019.
Sd/- Sd/- (P.R. Ramachandra Menon) (Goutam Bhaduri) Chief Justice Judge Chandra