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Calcutta High CourtWPA/16517/2021disposed

Firoz Alam v. State Of West Bengal And ORS.

2021-12-01Hon'Ble Justice Suvra Ghosh2 pages

01.12.2021 01.12.2021 Ct. No.10 b.das W.P.A. 16517 of 2021 (Via Video Conference) Firoz Alam Vs.

State of W.B. & Ors.

Mr. Moniruzzaman Mr. D. Saha Mr. S. Dian Mr. Namrata Chatterjee ...for the petitioner.

Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State.

Heard learned counsels for the parties.

On the prayer of the petitioner, liberty is granted to the petitioner to add Ministry of Environment and Forests, Government of India and State Environment Impact Assessment Authority as party respondents to the writ petition.

It is submitted on behalf of the petitioner that he applied before the Additional District Magistrate and District Land and Land Reforms Officer, Suri, Birbhum for issuance of short-term mining lease in his favour. The petitioner submits that grant of such lease can be considered by the authority on submission of Environmental Clearance Certificate by the petitioner. The petitioner complains that such certificate has not been granted in his favour by the Ministry of Environment and

Forests, Government of India on the ground that such requirement was not forwarded to the Ministry by the District Magistrate.

Learned counsel for the State submits that the petitioner may apply before the Ministry of Environment and Forests, Government of India for issuance of such certificate and the same shall be considered by the competent authority.

In view of the same, the writ petition is disposed of with liberty to the petitioner to file an application before the Ministry of Environment and Forests, Government of India for issuance of Environmental Clearance Certificate in his favour. The concerned authority should consider the said application within a period of one month from the date of receipt of the same.

With the above observations and directions this writ petition WPA 16517 of 2021 is disposed of. However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)