IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13706 of 2009 (O&M) Date of decision: 5.9.2011 Partap Singh Sandhu …..Petitioner Versus Union of India and Others …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE VIJENDER SINGH MALIK Present: - Shri Akshay Bhan, Advocate, for the petitioner. Shri Onkar Singh Batalvi, Advocate, for respondent No.1. Ms. Reeta Kohli, Addl., AG, Punjab, for respondent Nos. 2 to 4. Shri A.R. Takkar, Advocate, and Shri Salil Sablok, Advocate, for Shri D.S. Patwalia, Advocate, for respondent No.5. HEMANT GUPTA, J In the present writ petition, the petitioner has sought a writ of mandamus directing the respondents to ensure that mining of minor minerals is allowed in the State of Punjab only after obtaining of environmental clearance in terms of the Central Government Notification dated 14.9.2006 issued under the Environment Protection Act, 1986. During the pendency of the writ petition, many interim orders have been passed. This order is in continuation of all those interim orders. Today, Shri Batalvi, has placed on record affidavit of Shri Surender Kumar, Scientist F, from Ministry of Environment and Forest, Government of India, wherein it has been averred that the Ministry of Environment and Forest, has prescribed `Terms of CWP No. 13706 of 2009 (O&M) Reference’ for undertaking detailed Environmental Impact Assessment Study in respect of various applications submitted by the Department of Industries and Commerce, Government of Punjab for mining projects and thereafter to submit applications for obtaining environmental clearance in terms of the notification dated 14.9.2006. The apprehension of the State was that the Terms of Reference does not permit the State Government to transfer the leasehold rights in favour of the lessees. In the affidavit, it has been pointed out that the State Government may under the provisions of the Notification dated 14.9.2006 seek transfer of the environmental clearance in the name of the new lessees/bidders, as the case may be at a subsequent time following the procedure laid down in the aforesaid notification. In view of the above, it is apparent that the Central Government has acted in terms of notification dated 14.9.2006 and that the State Government is competent to transfer the leasehold rights in terms of the aforesaid notification. Ms. Rita Kohli, learned Additional AG, Punjab, states that the State Government shall grant mining lease after complying with the provisions of applicable laws. In view of the above, the present writ petition is disposed of with the directions to the respondents to grant mining lease of minor minerals in terms of the environmental clearance granted by the Central Government as clarified in the affidavit dated 2.9.2011. (HEMANT GUPTA) JUDGE 5.9.2011 (VIJENDER SINGH MALIK) sukhpreet/ds JUDGE ( 2)