Public Interest Litigation challenging the legality of mining leases and stone crusher licence granted to respondents. The court found the petition devoid of merit based on affidavits regarding lapse of leases and compliance with norms, dismissing it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
pil55-14.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
PUBLIC INTEREST LITIGATION No.55 OF 2014 Sandeep Krishnarao Dhage & others.
-Vrs.-
State of Mah. And others.
____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr.T.D. Mandlekar, counsel for petitioners. Mr. M.K. Pathan, AGP for respondent nos.1 to 3 & 5. Mr. R. Kurekar, counsel for respondent no. 6.
Mr. Kunal Nalamwar, counsel for respondent nos. 11 & 12.
CORAM : B.R. GAVAI AND P.N. DESHMUKH, JJ . DATED : 4 th FEBRUARY, 2016
This petition has been filed for various reliefs including cancellation of mining leases granted in favour of respondent nos.12, 13 & 14, so also the stone crusher licence granted in favour of the respondent nos. 11 and 11-A.
It is the contention of the petitioners that the said mining leases and the permission to start stone crusher have been granted illegally.
In the reply filed on behalf of the District Mining Officer, dated 11.3.2015 it is submitted that the licence in favour of respondent nos. 11 and 11-A to start stone crusher was granted after no objection certificate was issued by the various authorities including Maharashtra Pollution Control Board. It is further stated in the reply that the Gram Panchayat had also granted no objection certificate vide resolution dated 15.08.2012.
The learned Additional Government Pleader states
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that the petitioner no.1 was also present in the meeting in which it was resolved to grant no objection.
It is further submitted that the distance between the village Giroli (Dhage) and the Stone crusher is of 690 meters whereas as per the Pollution Control Norms it has to be 500 meters.
In the further affidavit filed by the District Mining Office dated 10.09.2015 it is further submitted that the mining leases granted in favour of respondent nos. 12, 13 and 14 have already lapsed. It is further submitted that the requirement to seek no objection of the Gram Panchayat is only in so far as the mining activities are concerned and there is no such requirement in so far as stone crusher is concerned.
In that view of the matter we find that the petition is without any merit and as such is dismissed.
JUDGE JUDGE
Hirekhan
2 issues framed by the court
Whether the mining leases and stone crusher licence granted to the respondents were legal.
Whether the petition challenging the leases and licence has any merit.
Sandeep Krishnarao Dhage & others
State of Mah. And others
B.R. Gavai
P.N. Deshmukh
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
