AIR 2013 ALLAHABAD 107 ::(2014) 1 All WC 352 ::(2013) 2 ADJ 707 (ALL)

Allahabad High Court

Hon'ble Judge(s): Ashok Bhushan, Abhinava Upadhya , JJ

Constitution of India , Art.51A— Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.5, S.3(e)— Mining lease - Grant of - Environment clearance - Lease for mining of mineral Diaspore/Pyrophillite for area of 4.168 hectares granted to Petitioner - Mineral Diaspore/Pyrophillite classified as major mineral - Environmental clearance not sought from Ministry of Environment - Environmental clearance necessary for preservation of natural resources of society - Minerals to be classified as major or minor on basis of their end use - Order of State Govt. mandating - Seeking of Environmental clearance for major mineral mining neither arbitrary nor against law. Environment (Protection) Act (29 of 1986) , S.3— Environment (Protection) Rules (1986) , R.3(5)— AIR 2012 SC 1386, Explained.AIR 1981 SC 711, JT 2012 (7) SC 50, Rel. on. (Para 18 20) .....