Partly allowed

Dulli Chand Meena S/O Shri Girraj Prasad v. the State of Rajasthan

Rajasthan HC11 May 2022CW/6931/2022

Case brief

AI extract

What is this about?

In this PIL, the High Court disposed of a writ petition regarding illegal stone crushing and forest encroachment by directing the petitioner to submit a representation to the Public Land Protection Cell and fixing a two-month timeline.

What did the court decide?

Writ petition disposed; petitioner directed to submit representation to PLPC; respondents to decide within two months; alleged encroachers to be afforded hearing.

Dulli Chand Meena S/O Shri Girraj Prasad Vs the… — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 6931/2022

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(Public Interest Litigation)

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Dulli Chand Meena S/o Shri Girraj Prasad, Aged About 54 Years, Resident Of Bahali, District Alwar, Rajasthan

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----Petitioner

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Versus

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The State Of Rajasthan, Through District Collector And District Magistrate, Collectorate Office, Mahal Chok, Near Sagar Alwar, Rajasthan 301001.

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Mining Engineer, Khanij Bhawan, 1-Hasan Khan Mevati Nagar, Alwar

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Regional Officer, Rajasthan Pollution Control Board, ‘D’ Block, Ambedkar Nagar, Alwar.

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Sub Divisional Officer And Sub Divisional Magistrate, Rajgarh, District Alwar

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Superintending Engineer, JVVNL, Near Govt. Polytechnic Collage, Kali Mori, Alwar, Rajasthan 301 001.

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Assistant Engineer, JVVNL, Rajgarh, District Alwar

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District Forest Officer, Manu Marg, Naya Bas Jyoti Rao Phule Circle Alwar, Rajasthan 301001.

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M/s Maa Santoshi Grit Udyog, Alwar Through Om Prakash Gupta, Stone Crusher R/o H.O. Gulab Kunj, Near Rly. PF No. 2, Delhi Road, P.o. - Alwar (Raj.) At Present Add Wander Hight Flats, Apposite Malaviya Nagar, Alwar, Office And Plant AddVillage And Post Bahali, Tahsil Rajgarh, District Alwar, Raj.

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----Respondents

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For Petitioner(s) : Mr. Tanveer Ahamad, Advocate

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HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN Order

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11/05/2022

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Instant Public Interest Litigation petition has been filed with

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the following prayer:-

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(2 of 3)

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[CW-6931/2022]

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“It is therefore, most respectfully prayed that this Hon’ble court may very graciously be pleased to accept and allow this Public Interest Litigation (writ petition) and by an appropriate writ, order or direction;

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(i) That the inaction-omission on the part of respondents in permitting illegal stone crushing activity being operated by M/s Maa Santoshi Grit Udyog, Alwar at Khasra No.332, Khasra No.331 and Khasra No.450 of forest department at Village Bahali, Tehsil Rajgarh, District Alwar may kindly be declared arbitrary, illegal and accordingly the respondents may kindly be directed to take immediate steps for stopping illegal stone crusher functional at Khasra No.332 leased to M/s Maa Santoshi Grit Udyog, Alwar of Village Bahali, Tehsil Rajgarh, District Alwar.

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(ii) The respondents may kindly be further directed to take appropriate steps in removing the illegal encroachment over Gair Mumkin Pahad i.e. Khasra No. 450 as well as Khasra No.331 both of which are the lands of forest department as per the Revenue records.

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(iii) Further, a detailed inquiry and investigation may kindly be directed to be undertaken by the Anti Corruption Department in reference to the inaction of the defaulting authorities towards encroachment of Khasra No.331 & 450 of forest department and further permitting the operation of stone crusher without any authority of law.

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(iv) Any other appropriate writ, order of direction as deemed fit by the Hon’ble Court may also be passed in the matter in the interest of justice.”

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A Division Bench of this Court in the matter of Jagdish Prashad Meena & Ors. Vs. State of Rajasthan & Ors., D.B. Civil Writ Petition (PIL) No. 10819/ 2018 vide order dated

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30.01.2019 has directed creation of Public Land Protection Cell

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(PLPC) for rural areas in every district.

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(3 of 3) [CW-6931/2022]

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Counsel for the petitioner submitted that he may be permitted to submit a representation before the PLPC and respondents be directed to dispose of the same within a period of two months.

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In that view of the matter, the writ petition stands disposed off, in view of the directions issued by the Division Bench in the matter of Jagdish Prashad Meena (supra) and the petitioner is at liberty to make a representation before PLPC and the respondents are directed to decide the same within a period of two months.

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It is further directed that the persons who are alleged to be the encroachers, shall be afforded an opportunity of hearing.

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(SAMEER JAIN),J

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(PRAKASH GUPTA),J

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KuD/15

Dulli Chand Meena S/O Shri Girraj Prasad v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dulli Chand Meena S/O Shri Girraj Prasad v. the State of Rajasthan

Case brief

What is this about?

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What the court decided

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