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HIGH COURT OF JUDICATURE A T ALLAHABAD
AFR
Court No. - 3
Case :- WRIT - C No. - 5611 of 2019
Petitioner :- Arti Dwivedi
Respondent :- State Of U.P . And 2 Others
Counsel for Petitioner :- T ejasvi Misra
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Y ogendra Kumar Srivastava,J.
(Per : Dr . Y ogendra Kumar Srivastava,J.)
1. Heard Sri T ejasvi Misra, learned counsel for the petitioner and Sri Pradeep Kumar Tripathi, learned Standing Counsel
for the State respondents.
2. The present writ petition has been filed principally seeking to challenge the order dated 21.09.2017 passed by the
District Magistrate, Banda in terms of which the claim of the petitioner and certain other lease holders with regard to grant
of extension of mining lease for the 'obstructed period', was rejected.
3. The petitioner has also sought to challenge the notification dated 09.01.2019 in terms of which declaration has been
made in exercise of powers under Rule 23(1) of the UP Minor Minerals (Concession) Rules, 19631 and the area in
question has been notified for being given on lease by auction-cum-tender.
4. In the present case, the husband of the petitioner along with another person, were jointly granted a mining lease for
excavation of sand/morrum for a period of 1 1.09.2009 to 10.09.2012 i.e. for a period of three years, under Chapter II of
the Rules, 1963 in respect of Khand No.04 measuring 150.00 acres situate at village Marauli, T ehsil and District Banda. In
the absence of requisite environmental clearance certificate, the mining operations were stopped from 01.07.201 1.
Thereafter the environmental clearance certificate was applied for and the same was granted on 21.02.2014. During this
period, upon the death of her husband, the petitioner moved an application on 07.03.2014 before the District Magistrate,
Banda for substitution of her name in the lease deed and thereafter claim was made for grant of extension of the lease for
the 'obstructed period' i.e. the period for which the lease could not be operated due to lack of environmental clearance
certificate.
5. The aforesaid claim of the petitioner and certain other lease holders came to be rejected vide order dated 21.09.2017
passed by the District Magistrate Banda and thereafter the present writ petition has been filed.
6. The writ petition refers to a notification dated 14.09.2006 issued by the Central Government in exercise of power
conferred by sub-section (1) and clause 5(2) of Section 3 of the Environment (Protection) Act, 1986 read with clause (d) of
sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 in terms of which it was directed that on and from the
date of its publication the required construction of new projects or activities or the expansion or modernization of existing
projects or activities in the Schedule