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Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice M.S. Nambiar (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated: September 25, 2014

1. Whether the judgment is allowed to be published on the net?

2. Whether the judgment is allowed to be published in the NGT Reporter?

JUSTICE SWATANTER KUMAR, (CHAIRPERSON) The Ministry of Environment and Forest (for short 'the MoEF'), Government of India vide their letter dated 21st December, 2011 accorded Environmental Clearance for Parsa East and Kanta Basan Opencast Coal mine project of 10 MTPA production capacity along with a Pit Head Coal Washery (10 MTPA ROM) to M/s Rajasthan Rajya Vidyut Utpadan Nigam Limited involving a total project area of 2711.034 hectare under the Environmental Impact Assessment Notification, 2006 (for short 'EIA Notification, 2006') subject to the specific conditions stated in that Order. 2

2. There is no dispute about fact that Respondent No.2 formulated a policy as published in Government Resolution dated 12th March 2013. Case of the Appellant is that, Respondent No.5 auctioned various sand-beds of Yavatmal District as per guidelines issued by the Government of Maharashtra in its Policy OM dated March 12th, 2013. He alleges that due to such illegality, extraction of sand by lease holders including Respondent No.6, one of such auction lease holder, being carried out. The Appellant is more concerned with sand-beds at village Babhulgaon. He would Misc Appln. No.155/2014 Page 3 submit that before grant of Environmental Clearance, State Environment Appraisal Committee (SEAC) ought to have considered whether the sand-bed is below 5 ha. area and distance between two (2) sand-beds is atleast 1 k.m. The SEAC failed to consider such kind of parameters and recommended the case to the SEIAA (Respondent No.4). The SEIAA thereafter granted the EC without proper assessment and appraisal. Consequently, the Appellant challenges the EC and the auction proceedings.

2. Briefly stated, case of the Appellant is that as per Judgment of Apex Court in "Deepak Kumar Vrs. State of Haryana, 2012(4) SCC 629" sand beds (sandghats) situated below 5 ha. area may be leased out only if distance between the two (2) ghats is of atleast 1 k.m. It is in keeping with such directions of the Apex Court that the MoEF has issued OM dated 24th December 2013. The State has no authority to consider the project activities of granting lease of area over and above 5 ha. of sandghats into the category of 'B-2' as per class 2(I)(iii) of the OM dated 24th December 2013. Such a project will have to be treated as category 'B-1' project for the purpose of appraisal and must be appraised by the MoEF. The SEIAA could not have done the work of assessment/appraisal nor the SEIAA could have granted the EC. According to the Petitioner the Respondents purposefully downsized the (J) Appeal No.10/2014 (WZ) 3 sand beds without keeping marginal space of 1 k.m. between the two (2) sand beds. It is stated that the auction conducted by both the Collectors is illegal and erroneous. Consequently the Appellant seeks to challenge the same and urges to quash the same.

Case Nos. 36 of 2015, 31 of 2016 and 58 of 2016 33

Koushik Das: Yes, one BCDA N.O.C. is required with the application.

Shri Arajit Das: Yes, that is essential, you prepare your papers I need the orders, otherwise it is problem to me. I have submitted my drug licence number, trade licence number everything.

Koushik Das: Yes, but only those papers are not enough, there are something more, you have deal with Alembic before and done with other parties also.

Shri Arajit Das: that is not required.

----Petitioner Versus State Of Rajasthan, through PP

----Respondent For Petitioner(s) : Mr. Asgar Khan.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioners have filed these bail applications under Section 439 of Cr.P.C.

3. F.I.R. No.44/2020 was registered at Police Station Khairthal, (Downloaded on 08/05/2020 at 08:47:14 PM) (2 of 2) [CRLMB-2343/2020] District Alwar, Police District Bhiwadi for offence under Sections 8/21 of NDPS Act.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.242/2014 was registered at Police Station Thanagazi Alwar for offence under Sections 457, 380 of I.P.C.

4. It is contended by counsel for the petitioner that similarly situated co-accused has been enlarged on bail. Petitioner is in custody for last one and a half years. Criminal antecedents pointed out against the petitioner are prior to the year 2014.

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Counsel for the complainant has not given his detail, hence, could not be connected.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.343/2019 was registered at Police Station Kotwali, Jhunjhunu for offence under Sections 323, 365, 201, 302/34 of I.P.C. (FIR has been lodged for offence under Section 302 of IPC.)

5. It is contended by counsel for the petitioner that eye witnesses have turned hostile. As per the FSL report, cause of death is inconclusive. There was only a bruise on the person of the prosecutrix.

----Petitioner Versus State Of Rajasthan

----Respondent For Petitioner(s) : Mr. Sudhir Jain (through jitsi meet) Mr. Parth Sharma (through jitsi meet) Mr. Rinesh Gupta (through jitsi meet) For Respondent(s) : Mr. Tej Prakash Sharma, SPP(CBN) HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/05/2020 Heard learned counsels for the petitioners through Jitsi Meet.

For State : Mr. S.K. Mahala, PP. For Complainant : Mr. Brahm Singh Gurjar. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.355/2019 was registered at Police Station Chiksana, District Bharatpur for offence under Sections 302, 436, 34, 120-B of I.P.C.

For State : Mr. S.K. Mahala, PP.

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.1055/2019 was registered at Police Station Jhotwara, District Jaipur for offence under Sections 343, 366, 376 of I.P.C.

4. It is contended by counsel for the petitioner that there is an inordinate delay of lodging in FIR. As per the medical report, prosecutrix is aged 20 years. There are no marks of injury on her person and private parts.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been argued on behalf of the accused petitioner that accused petitioner has falsely been implicated in this case, he is behind the bars since 30.09.2018, charge-sheet has already been filed on 05.12.2018, co-accused Kana @ Vijay has been granted bail by a coordinate bench of this court on 21.11.2019, case of present accused petitioner is not different from that of co- accused Kana. Till date evidence of only nine witnesses have been (Downloaded on 08/05/2020 at 08:46:56 PM) (2 of 2) [CRLMB-18079/2019] recorded while prosecution has listed thirty witnesses, hence completion of trial will take time. It has also been submitted that only one eye witness, PW.5, Ajay has been named in the case by the prosecution, whose statement has been recorded and his evidence is not reliable against the present accused petitioner.

1. This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 663/2019 registered with Police Station Nadbai (Bharatpur), for the offence/s punishable under Section/s 377, 429 of IPC.

2. Heard learned counsel for the accused petitioner through video conferencing and perused the record.

3. It has been submitted that material prosecution witnesses in this case have turned hostile during trial, copies of statements of those witnesses have been filed and it has been contended that the main witnesses PW.1 Jadveer, PW.4 Satish and other material witnesses have turned hostile, they have not supported the prosecution version, hence the accused petitioner may be granted bail.

Mr. Gajendra Singh Rathore, Adv. for the complainant. (on Video Conferencing) HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/05/2020 Heard learned counsel for the appellant, learned Public Prosecutor as also learned counsel for the complainant.

This Court finds that D.B. Criminal Appeal is pending against the judgment dated 19.12.2019.

Learned counsel for the appellant submitted that the application for suspension of sentence of the appellant is required to be heard by the appropriate Bench.

Learned counsel for the complainant submitted that there is an order dated 09.04.2018 issued by the Registrar General whereby it has been directed that if an appeal is pending before the Division Bench and the accused who has awarded lesser sentence, then the appeal before the Single Bench is required to be tagged with the D.B. Criminal Appeal and the same is required to be listed before the Division Bench. (Downloaded on 08/05/2020 at 08:46:27 PM)

HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.300/2019 was registered at Police Station Murlipura, District Jaipur Metropolitan for offence under Sections 323, 341, 504, 427, 302, 34 of I.P.C.

4. It is contended by counsel for the petitioner that there is inordinate delay of seven days in lodging of FIR. Co-accused has been enlarged on bail.

5. Learned Public Prosecutor has opposed the bail application.

HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (JUDGMENT)

1. This Writ Petition is filed seeking appropriate order for setting aside the sealing order dated 5.1.2019 and a direction to deseal the premises being Khasra No.257, Village Siraspur, Delhi.

2. The case of the petitioner is that since 1988 the petitioners have been enjoying the property and spending huge amounts on the same. In 2011 a threat was extended to dispossess the petitioners without following due process of law. The petitioner thereafter filed three separate Writ Petitions which were disposed of by this court on 22.2.2011 directing the petitioners to file appropriate petition for declaration of their rights with respect to the land in their possession. The respondent/Gaon Sabha were permitted to file W.P.(C) 1355/2019 Page 1 of 7 ejectment proceedings against the petitioner and till disposal of the ejectment proceedings protection was given to the petitioner.

2. By the impugned judgment and decree, the trial Court has decreed the suit of the plaintiff for specific performance of an agreement of sale.

3. Appellant was the defendant and the respondent was the plaintiff before the trial Court. For the purpose of convenience, the parties will be henceforth referred to as per their rank before the trial Court.

4. The subject matter of the suit was land bearing R.S.No.22 (Old R.S.No.22/3) measuring 3 acres 10 guntas situated within the limits of Waghawade village, Taluka District, Belagavi.

R.F.A.No.100230/2017 -3-

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