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SCA/254720/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2547 of 2006
=========================================
JESHABHAI
LAKHABHAI KHUNTAD - Petitioner(s)
Versus
DISTRICT
COLLECTOR JUNAGADH DIST. & 3 - Respondent(s)
=========================================
Appearance :
MR
SUNIL C PATEL for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
NOTICE NOT RECD BACK for
Respondent(s) : 1 - 2.
MR KL DAVE for Respondent(s) : 3,
TRIVEDI
AND GUPTA for Respondent(s) :
4,
========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 14/11/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
This
public interest litigation has been filed seeking writ of mandamus
directing the respondent authorities to restrain the third respondent
from carrying on any mining and stone crushing operations on the land
in question and also seeking other consequential reliefs.
Detailed
affidavit has been filed by Geology and Mining Department. It is
stated in the affidavit that so far as maintaining the standards of
blasting is concerned, it is monitored by Director General of Mines
Safety, which is the authority under the Central Government and so
far as mining operation is concerned, Indian Bureau of Mines is the
authority which sanctions and approves the mining plans and further
monitors the mining activity.
Learned
Counsel for respondent No.3 Gujarat Pollution Control Board stated
that respondent No.3 would undertake periodical inspection of the
activities.
Under
the circumstances, interest of the petitioner is sufficiently
safeguarded. Geology and Mining Department including the Gujarat
Pollution Control Board should make periodical inspection of the
activities and see that such activities do not cause environmental
pollution.
With
above directions, the petition is disposed of. Notice is discharged.
(K.S.RADHAKRISHNAN,C.J.)
(AKIL
KURESHI,J.)
(raghu)
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