Case Note & Summary
The case involves a writ petition filed by Grampanchayat Ambegaon through its Sarpanch Dattatray Maruti Marne, challenging the renewal of a quarry lease granted to respondent No.5, Babanrao Dattatray Bhilare, and others. The petitioner contended that the renewal required prior environmental clearance under the Environmental Impact Assessment Notification of 1994, which was not obtained. The respondents, including the State of Maharashtra and the leaseholders, argued that the lease was originally granted prior to 1994 and that the 1994 Notification does not apply to renewals of existing leases. The High Court of Bombay, after hearing arguments, held that the 1994 Notification applies only to new projects or expansions, not to renewals of existing leases. The Court dismissed the petition, finding no merit in the challenge. The decision was pronounced on 16th February 2018.
Headnote
A) Environmental Law - Quarry Lease Renewal - Prior Environmental Clearance - EIA Notification, 1994 - The issue was whether renewal of a quarry lease originally granted before 1994 requires prior environmental clearance under the 1994 Notification. The Court held that the 1994 Notification applies only to new projects or expansions, not to renewals of existing leases, and dismissed the petition challenging the renewal. (Paras 1-24)
B) Environmental Law - Locus Standi - Grampanchayat - The Grampanchayat challenged the renewal of a quarry lease on environmental grounds. The Court examined the merits but did not specifically rule on locus standi, focusing instead on the legal issue of environmental clearance applicability. (Paras 1-24)
Issue of Consideration
Whether renewal of a quarry lease granted prior to the Environmental Impact Assessment Notification of 1994 requires prior environmental clearance under the said notification.
Final Decision
The High Court dismissed the writ petition, holding that the EIA Notification 1994 does not apply to renewals of quarry leases granted before its enactment.
Law Points
- Environmental Clearance
- Quarry Lease Renewal
- EIA Notification 1994
- Applicability of Prior Environmental Clearance
- Grampanchayat's Locus Standi
Case Details
2018 LawText (BOM) (02) 87
WRIT PETITION NO. 2736 OF 2015
Mr. A.V. Anturkar, Senior Counsel a/w Mr. Dormaan J. Dalal i/by Mr. Sugandh B. Deshmukh for the Petitioner; Mr. G.S. Godbole a/w Mr. Hemant Ghadigaonkar for Respondent No.5; Mr. V.N. Sagare, AGP for the State
Grampanchayat Ambegaon, Taluka Mulshi, District Pune, Through the Sarpanch Dattatray Maruti Marne
State of Maharashtra, The Secretary Revenue and Forest Department, Additional Commissioner Pune Division, The Honourable Minister [Revenue], Shri. Babanrao Dattatray Bhilare, Shri. Vinayak Mahadeo Nimhan, Shri. Nitin Shamrao Palekar, Shri. Babanrao Dattatray Bhilare, M/s. Sunny Stone Group, The Regional Officer Maharashtra Pollution Control Board, The State Level Expert Appraisal Committee, The Secretary Ministry of Environmental Forest, District Mining Officer
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Nature of Litigation
Writ petition challenging renewal of quarry lease on ground of lack of prior environmental clearance.
Remedy Sought
Petitioner sought quashing of renewal of quarry lease and direction to obtain environmental clearance.
Filing Reason
Petitioner alleged that renewal of quarry lease without prior environmental clearance violated EIA Notification 1994.
Issues
Whether renewal of a quarry lease granted prior to 1994 requires prior environmental clearance under the EIA Notification 1994.
Submissions/Arguments
Petitioner argued that renewal is a fresh grant requiring environmental clearance.
Respondents argued that the lease was existing prior to 1994 and renewal does not attract the 1994 Notification.
Ratio Decidendi
The EIA Notification of 1994 applies only to new projects or expansions, not to renewals of existing leases. Therefore, prior environmental clearance is not required for renewal of a quarry lease originally granted before 1994.
Judgment Excerpts
The Court held that the 1994 Notification applies only to new projects or expansions, not to renewals of existing leases.
Procedural History
The writ petition was filed in 2015, reserved on 7th February 2018, and pronounced on 16th February 2018.
Acts & Sections
- Code of Civil Procedure, 1908: Order XXVII, Rule 4
