Early Times Report
JAMMU, May 1: In bunch of petitions challenging the impugned communication dated 26.02.2019, whereby the right of the petitioners to extract the minor minerals from the blocks allotted to them has been taken away, has been issued by the respondent No.2 without providing them an opportunity of being heard, Justice Sanjeev Kumar after hearing battery of lawyers for the petitioners, dismissed the bunch of petitions.
Justice Kumar observed that failure of the petitioners to complete the requisite formalities including obtaining of environmental clearance from the statutory authority, if not, attributable to them is equally not attributable to the respondents. If this Court were to assume that the petitioners had applied to the SLEIAA well within time, and had completed all the requisite formalities as enjoined by law, even in that event, the failure on part of the SLEIAA to grant environmental clearance in time cannot be attributed to the respondents. In that event, the instant case would fall in the category of the contract which has been frustrated due to an act of another beyond the control of parties and this would relieve the parties of their obligation to perform their reciprocal promises. |
