Petitioner challenged tender notice for minor mineral auction in Kangra, fearing land inclusion. Respondent clarified petitioners' land excluded; mining won't occur near religious sites. Petition deemed infructuous as they now ignored.
Petition disposed of as infructuous; interim order vacated; pending applications disposed of.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.: 214 of 2018
| Date of Decision: 25.10.2018 |
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_____________________________________________________________________ Sanjeev Kumar and others …..Petitioners. Vs. State of Himachal Pradesh and others …..Respondents.
Coram:
The Hon’ble Mr. Justice Surya Kant, Chief Justice
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
| For petitioners: | Mr. Ajay Sharma Advocate. |
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| For the respondents: | M/s J. K. Verma, Ranjan Sharma, and Adarsh K. Sharma, Additional Advocate Generals, for respondents No. 1 to 4. |
| Mr. Tara Singh Chauhan, Advocate, for respondent No.5. |
Surya Kant, Chief Justice (Oral):
The petitioners have laid challenge to the notice dated 27th December, 2017 (Annexure P-1), issued by the respondents, inviting tenders for auction of minor minerals in District Kangra. The petitioners’ apprehension was that their land is also sought to be included in the area to be auctioned for mining purpose.
1Whether the reporters of the local papers may be allowed to see the Judgment?
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and in paras 3 and 4 of reply on merits, it is categorically averred that Khasra numbers shown in the petition by the petitioners were neither included in the auction notice nor auction of these Khasra numbers has been conducted. In other words, the respondents have candidly stated that the land of the petitioners is not being auctioned for mining activities. Though the above stated stand effectively addresses the petitioners’ main grievances, however, the petitioners have also pointed out that no mining activity should be allowed near and around the religious places of the village. With regard thereto, it is averred in the reply that the mining will be allowed to be carried out away from religious places. Similarly, it is mentioned in the auction notice that the highest bidder shall carry out the mining activities strictly in accordance with the approved mining plan.
(Surya Kant) Chief Justice
(Ajay Mohan Goel) Judge
October 25, 2018 (Guleria)
Sanjeev Kumar and others
State of Himachal Pradesh
Surya Kant
Ajay Mohan Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
