SUREND RAKUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Delay condoned.

(2.) The petitioners seek special leave to appeal to this Court from the two orders dated 15- 1 2-1989 and 6-2-1990 respectively of the Patna High Court in M.J.C. No. 435 of 1989. Those orders were interlocutory in character by which the High Court, in substance, directed that as the three Hills, Ramshilla, Prethilla and Brahmyoni - had been declared protected monuments no stone crushing industry should be allowed to be located within a distance of 1/2 kilometer from the area so declared and any stone crushing industries located within such 1/2 kilometer area should be, shifted. This measure was intended to prevent illegal quarrying on and consequent desecration of the Hills. Petitioners urge that their stone crushing establishment, admittedly, not being within the protected area, they should not be asked to move further away by the artificial extension of the area brought about by the High Court's orders which petitioners say are without jurisdiction. The State of Bihar seeks to support the directions of the High Court on the ground that such directions were issued to effectuate the purpose of the notifications and prevent their violation.

(3.) The present special leave petition, as stated earlier, is against these interlocutory directions. But the High Court has since passed a final order dated 14-5-1990 disposing of the main matter itself. In regard to petitioners 8 and 10 in their SLPs who were intervenors in the proceedings before the High Court, the High Court in the course of its final order provided: