1 ITEM NO.41 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).13587/2011 (Arising out of impugned final judgment and order dated 29/09/2010 in WP No. 13118/2009 passed by the High Court of M.P. at Jabalpur) M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUS M.P.STATE MINING CORP.& ORS. Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 11/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ravindra Shrivastava, Sr. Adv. Ms. Yugandhara Jha, Adv. Mr. Kunal Verma, AOR For Respondent(s) Mr. Santosh Kumar Tripathi, AOR Mr. S.N. Terdal, Adv. Mr. N.K. Karhail, Adv. Mr. Harish K., Adv. Mr. B. Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R It is stated by learned counsel for petitioner that Rule 49 of the Madhya Pradesh Minor Mineral Rules has since been substituted by a notification dated 23 rd March, 2013 with the result that environmental clearance is now required for mining of sand and bajri .
2 It is further submitted that in view of the decision of this Court in Deepak Kumar and others Vs. State of Haryana and others [(2012) 4 SCC 629], environmental clearance is required for mining of sand and bajri and the State Governments were directed to frame rules accordingly. In view of the above, it is submitted that nothing further survives in this matter. It is, however, submitted that in the impugned judgment and order it has also been held that the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986 and the Rules are not applicable. We leave that question open. The petition is disposed of in view of the above. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
â 1 ITEM NO.41 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).13587/2011 (Arising out of impugned final judgment and order dated 29/09/2010 in WP No. 13118/2009 passed by the High Court of M.P. at Jabalpur) M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUS M.P.STATE MINING CORP.& ORS. Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 11/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ravindra Shrivastava, Sr. Adv. Ms. Yugandhara Jha, Adv. Mr. Kunal Verma, AOR For Respondent(s) Mr. Santosh Kumar Tripathi, AOR Mr. S.N. Terdal, Adv. Mr. N.K. Karhail, Adv. Mr. Harish K., Adv. Mr. B. Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R It is stated by learned counsel for petitioner that Rule 49 of the Madhya Pradesh Minor Mineral Rules has since been substituted by a notification dated 23 rd March,Signature Not VerifiedDigitally signed bySanjay KumarDate: 2016.01.11 2013 with the result that environmental clearance is now16:57:45 ISTReason: required for mining of sand and bajri. 2 It is further submitted that in view of the decisionof this Court in Deepak Kumar and others Vs. State ofHaryana and others [(2012) 4 SCC 629], environmentalclearance is required for mining of sand and bajri and
the State Governments were directed to frame rulesaccordingly. In view of the above, it is submitted that nothingfurther survives in this matter. It is, however, submitted that in the impugnedjudgment and order it has also been held that the Air(Prevention and Control of Pollution) Act, 1981 and theEnvironment Protection Act, 1986 and the Rules are notapplicable. We leave that question open. The petition is disposed of in view of the above. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
ITEM NO.210 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13587/2011 (Arising out of impugned final judgment and order dated 29/09/2010 in WP No. 13118/2009 passed by the High Court of M.P at Jabalpur) M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUS M.P.STATE MINING CORP.& ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) (For final disposal) Date : 08/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ravindra Shrivastava, Sr. Adv. Ms. Yugandhasa Jha, Adv. Mr. Kunal Verma,Adv. For Respondent(s) Mr. Harish Kr. Khinchi, Adv. Mr. N.K. Karhail, Adv. Mr. S.N. Terdal, Adv. Mr. B. Krishna Prasad,Adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on 11.01.2016. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court Master
LISTED ON 08.01.2016 COURT NO. 8 ITEM NO. 210 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.13587 OF 2011 WITH PRAYER FOR INTERIM RELIEF M.P. Pollution Control Board ...Petitioner -Versus- M.P. State Mining Corporation & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 05.09.2012 with an Office Report dated 04.09.2012, when the Court was pleased to pass the following Order: “Two weeks' time is allowed to the counsel for Union of India for filing vakalatnama and counter affidavit. Two weeks' thereafter is allowed for filing rejoinder affidavit, if any. List thereafter.” It is submitted that Mr. B.K. Prasad, Advocate has on 17.10.2012 filed counter affidavit alongwith vakalatnama/appearance on behalf of Respondent No. 2, viz., Union of India but not served the copy on Respondent No. 1 despite this Registry's letter dated 01.11.2012. Same has been included in the Paper Books. It is further submitted that no rejoinder affidavit has been filed after filing counter affidavit on behalf of Respondent No. 2, so far. However, rejoinder affidavit to the brief response of Respondent No. 1 has been filed by Counsel for the Petitioner on 27.06.2012 and the same has been included in the Paper Books. Service of show cause notice is complete. Thereafter, the matter above mentioned was lastly listed before the Hon'ble Court on 30.07.2014 with an Office Report dated 25.07.2014, when the Court was pleased to pass the following Order: “List the matter for hearing on a non-miscellaneous day.” It is lastly submitted that no further documents have been filed by any of the parties. The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 5 th day of January, 2015. ASSISTANT REGISTRAR Copy to: Mr. Kunal Verma, Advocate Mr. Santosh Kumar Tripathi, Advocate Mr. B.K. Prasad, Counsel for Union of India ASSISTANT REGISTRAR
ITEM NO.210 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13587/2011 (Arising out of impugned final judgment and order dated 29/09/2010 in WP No. 13118/2009 passed by the High Court of M.P at Jabalpur) M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUS M.P.STATE MINING CORP.& ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) (For final disposal) Date : 08/01/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Ravindra Shrivastava, Sr. Adv. Ms. Yugandhasa Jha, Adv. Mr. Kunal Verma,Adv. For Respondent(s) Mr. Harish Kr. Khinchi, Adv. Mr. N.K. Karhail, Adv. Mr. S.N. Terdal, Adv. Mr. B. Krishna Prasad,Adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on 11.01.2016. (Meenakshi Kohli) (Jaswinder Kaur) Court Master Court MasterSignature Not VerifiedDigitally signed byMeenakshi KohliDate: 2016.01.0812:04:04 ISTReason:
LISTED ON 30.07.2014 COURT NO. 2 ITEM NO. 203 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO.13587 OF 2011 WITH PRAYER FOR INTERIM RELIEF M.P. Pollution Control Board ...Petitioner -Versus- M.P. State Mining Corporation & Ors. ...Respondents OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 05.09.2012 with an Office Report dated 04.09.2012, when the Court was pleased to pass the following Order: “Two weeks' time is allowed to the counsel for Union of India for filing vakalatnama and counter affidavit. Two weeks' thereafter is allowed for filing rejoinder affidavit, if any. List thereafter.” It is submitted that Mr. B.K. Prasad, Advocate has on 17.10.2012 filed counter affidavit alongwith vakalatnama/appearance on behalf of Respondent No. 2, viz., Union of India but not served the copy to Respondent No. 1 despite this Registry's letter dated 01.11.2012. Same has been included in the Paper Books. It is further submitted that no rejoinder affidavit has been filed after filing counter affidavit on behalf of Respondent No. 2, so far. However, rejoinder affidavit to the brief response of Respondent No. 1 has been filed by Counsel for the Petitioner on 27.06.2012 and the same has been included in the Paper Books. Service of show cause notice is complete. The matter above mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 25 th day of July, 2014. ASSISTANT REGISTRAR Copy to: Mr. Kunal Verma, Advocate Mr. Santosh Kumar Tripathi, Advocate Mr. B.K. Prasad, Counsel for Union of India ASSISTANT REGISTRAR -kzd
2 ITEM NO.203 COURT NO.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13587/2011 (Arising out of impugned final judgment and order dated 29/09/2010 in WP No. 13118/2009 passed by the High Court Of M.P At Jabalpur) M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUS M.P.STATE MINING CORP.& ORS. Respondent(s) (With appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 30/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Kunal Verma,Adv. For Respondent(s) Mr. Viplav Sharma, Adv. Ms. Nilanjana Sharma, Adv. Mr. Santosh Kumar Tripathi,Adv. Mr. P.S. Patwalia, ASG Mrs. Kiran Bharadwaj, Adv. Mr. S.N. Terdal, Adv. Mr. B. Krishna Prasad,Adv. UPON hearing the counsel the Court made the following O R D E R List the matter for hearing on a non-miscellaneous day. [ Charanjeet Kaur ] [ Vinod Kulvi ]Signature Not Verified Court Master Asstt. RegistrarDigitally signed byCharanjeet KaurDate: 2014.07.3017:56:55 ISTReason:
öITEM NO.4 COURT NO.3 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011(From the judgement and order dated 29/09/2010 in WP No.13118/2009 of TheHIGH COURT OF M.P AT JABALPUR)M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln. for exemption from filing O.T. and prayer for interim reliefand office report) (For final disposal)Date: 05/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Kunal Verma,Adv.For Respondent(s) Mr. Viplav Sharma, Adv. Ms. Nilanjana Banerjee, Adv. Mr. Santosh Kumar Tripathi,Adv.for UOI Mr. R.P. Bhat, Sr.Adv. Ms. Kiran Bhardwaj, Adv. Mr. B. Krishna Prasad ,Adv UPON hearing counsel the Court made the following O R D E R Two weeks' time is allowed to the counsel for Union of India for filing vakalatnama and counter affidavit. Two weeks' thereafter is allowed for filing rejoinder affidavit, if any. List thereafter. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
|ITEM NO.3 COURT NO.4 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011(From the judgement and order dated 29/09/2010 in WP No.13118/2009of The HIGH COURT OF M.P AT JABALPUR)M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln. for exemption from filing O.T. and prayer for interimrelief and office report)Date: 05/07/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE RANJAN GOGOIFor Petitioner(s) Mr. Ravindra Shrivastava, Sr.Adv. Mr. Anup Jain, Adv. Mr. Ashok Kr. Singh, Adv. Mr. Sameer Shrivastava, Adv. Mr. Kunal Verma,Adv.For Respondent(s) Mr. Viplav Sharma, Adv. Ms. Nilanjana Banerjee, Adv. Mr. Santosh Kumar Tripathi,Adv.For UOI Ms. Kiran Bhardwaj, Adv. Mr. B.K. Prasad, Adv. UPON hearing counsel the Court made the following O R D E R Post for final disposal on 5th September, 2012. The Union of India is permitted to file counter affidavit in the meantime. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
\ITEM NO. 6 COURT NO.4 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011(From the judgement and order dated 29/09/2010 in WP No.13118/2009of The HIGH COURT OF M.P AT JABALPUR)M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln. for exemption from filing O.T. and prayer for interimrelief and office report)Date: 13/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Kunal Verma,Adv. Mr.Ashok Kr. Singh, Adv.For Respondent(s) Mr. Viplav Sharma, Adv. Ms. Nilanjana Banerjee, Adv. Mr. Santosh Kumar Tripathi,Adv. Ms. Kiran Bhardwaj, Adv. Ms. B.K. Prasad, Adv. UPON hearing counsel the Court made the following O R D E R The Union of India is permitted to file counter affidavit within a period of four weeks. Rejoinder if any, be filed within four weeks thereafter. List thereafter. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master
ÜITEM NO.43 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report )Date: 28/02/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Kunal Verma,Adv. Mr. Ashok Kr. Singh, Adv.For Respondent(s) Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Service is complete. Respondent No. 1 has not filed counter affidavit in spite of time granted. Other respondents have been served but there is no appearance for them. List the matter before the Hon'ble Court as per rules. (Sunil Thomas) RegistrarAK
ZITEM NO.67 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report ))Date: 02/02/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. Kunal Verma,Adv.For Respondent(s) Mr.Viplav Sharma,adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.1 has not filed counter affidavit in spite of last opportunity granted. Respondent Nos. 5 & 6 have been served by post. Acknowledgment card is received. No appearance for them. Regarding the remaining respondents proof of dasti has been filed. However, the proof does not disclose the identity of the person who has actually received and does not bear seal, though the signatures are available. Contd.....2 ITEM NO.67 -2- Since affidavit is sworn to by the Regional officer of the Pollution Control Board, I am not inclined to disbelieve the version. No representation for the respondents. Await appearance. List the matter on 28.02.2012. (Sunil Thomas) RegistrarSB
ITEM NO.58 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer for interimrelief and office report ))Date: 15/11/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Kunal Verma,Adv. Mr. Ashok Kr. Singh,Adv.For Respondent(s) Mr. Viplav Sharma,Adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No. 1 has not filed counter affidavit inspite of last chance granted. Regarding the remaining respondents Ld. counsel for the petitioner seeks fresh notice. He also seeks dasti notice in addition. Granted. Take steps. If steps taken, issue notice. Await return of notice. List the matter on 15.12.2011. (SUNIL THOMAS)s Registrar
ITEM NO.49 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report ))Date: 28/09/2011 This Petition was called on for hearing today.For Petitioner(s) Mr.Ashok Kr.Singh,adv. Mr. Kunal Verma,Adv.For Respondent(s) Mr.V.Sarma,adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.1 is granted four weeks time as a last chance for filing counter affidavit. Await return of notice of respondent Nos. 2-4 and 7. List the matter on 15.11.2011. (Sunil Thomas) RegistrarSB
,ITEM NO.96 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report ))Date: 29/08/2011 This Petition was called on for hearing today.For Petitioner(s) Mr.Ashok Kumar Singh,adv. Mr. Kunal Verma,Adv.For Respondent(s) Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.1 has filed vakalatnama. Granted four weeks time for filing counter affidavit. Respondent Nos. 5 & 6 have been served. No appearance for them. Await return of notice of respondent Nos. 2-4 and 7. List the matter on 28.09.2011. (Sunil Thomas) RegistrarSB,ITEM NO.96 REGISTRAR COURT.2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SUNIL THOMASPetition(s) for Special Leave to Appeal (Civil) No(s).13587/2011M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief and office report ))
Date: 29/08/2011 This Petition was called on for hearing today.For Petitioner(s) Mr.Ashok Kumar Singh,adv. Mr. Kunal Verma,Adv.For Respondent(s) Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.1 has filed vakalatnama. Granted four weeks time for filing counter affidavit. Respondent Nos. 5 & 6 have been served. No appearance for them. Await return of notice of respondent Nos. 2-4 and 7. List the matter on 28.09.2011. (Sunil Thomas) RegistrarSB
ðITEM NO.8 COURT NO.10 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2011 CC 7289/2011(From the judgement and order dated 29/09/2010 in WP No. 13118/2009of The HIGH COURT OF JUDICATURE OF M.P AT JABALPUR)M.P.POLLUTION CONTROL BOARD Petitioner(s) VERSUSM.P.STATE MINING CORP.& ORS. Respondent(s)(With appln.for c/delay in filing SLP and office report )Date: 06/05/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE DR. JUSTICE B.S. CHAUHANFor Petitioner(s) Mr. Ravindra Shrivastava, Sr.Adv. Mr. Anup Jain, Adv. Mr. Kunal Verma,Adv.For Respondent(s) Mr. Viplav Sharma, Adv. Mr. Santosh Kumar Tripathi,Adv. UPON hearing counsel the Court made the following O R D E R Exemption allowed. Delay condoned. Issue notice. Mr. Santosh Kumar Tripathi, advocate appears and waives service of notice on behalf of respondent No.1. He prays for and is granted four weeks' time for filing counter affidavit on behalf of the said respondent. Let notice be issued to the other respondents. Dasti service, in addition, is permitted. Let the matter be listed after completion of service. [ Usha Bhardwaj ] [ Savita Sainani ] Court Master Court Master