Excelsior Correspondent
JAMMU, July 28: Division Bench of State High Court comprising Justice Virender Singh and Justice Mohd Yaqoob Mir today dismissed two Public Interest Litigations (PILs) challenging extraction of magnasite and setting-up plant in Trikuta Hills.
After hearing Advocates Deewakar Sharma and Vilakshan Singh for the PIL whereas Senior Advocate D C Raina with Advocate Vishal Bharti for the SMVDSB, ASGI KK Pangotra for the Union of India and Senior Advocate Z A Shah with Advocate Vipin Gandotra for respondents, the DB observed, “the Union Ministry of Environment and Forest vide its letter dated May 3, 2011 has accorded environmental clearance to the project under the provisions of EIA notification dated September 24, 2006 subject to strict compliance of 21 specific conditions and 25 general conditions”.
“The conditions include clearance under the Wild Life Protection Act, 1972 from the National Board for Wildlife. In the letter addressed to the Chief Wildlife Warden dated January 31, 2012 by Deputy Inspector General Wild Life, it has been mentioned that in the 23rd meeting of standing committee of NBWL held on October 14, 2011, de-notification of Trikuta Wild Life Sanctuary has been recommended with certain conditions which conditions have been reiterated but then it has been recorded that “the above recommendation is subject to the existing directive of Supreme Court and the provisions of the Forest (Conservative) Act 1980”, the DB further observed, adding “it has been clearly stated that the proposed de-notification/diversion of Trikuta Wild Life Sanctuary is under consideration of CEC/Supreme Court and orders in this behalf are still awaited”.
“Both the petitioners have not complied with rules regarding Public Interest Petition as framed by the High Court vide Notification No 761 dated October 19, 2011”, the DB said, adding “before filing PIL, the petitioner must send a representation to the concerned authorities for taking remedial action to enable the concerned authorities to take appropriate action. The details/ copies of such representation and reply, if any, must be filed along with the petition”.
However, in urgent cases, petitions can be allowed to be filed without any such representation. In such cases, the petitioner must give prior notice of filing petition to the concerned authorities and or their standing counsel, if any, the DB further said.
With these observations, the Court dismissed both the PILs as pre-mature.
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