G. BHAGAVATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The captioned writ petitions are filed as Public Interest Litigations aggrieved by the alleged illegal sand mining by respondents 5 and 6 in violation of the licence issued under the Mines and Minerals (Development & Regulation) Act, 1957 ('Act, 1957' for brevity) and the statutory rules affecting the entire people of Ward No. 19 of Panmana Grama Panchayat and creating ecological imbalance.

(2.) According to the petitioners, as per the Act, 1957, respondents 5 and 6 are bound to fill back the mined area with the waste sand after separation of minerals with a view to restore the lands to its original form and they should undertake the rehabilitation and restoration of the land affected; but, respondents 5 and 6, in total disregard to the statutory provisions and the licence conditions, are doing surface mining operations. As a result, the sea has encroached and more than 50% of the Panmana ward is now under sea and there is every possibility of mixing the sea water with the Travancore State Canal as the distance between the two is now less than 10 mtrs. Hence the writ petitions.

(3.) The petitioner in W.P.(C) No. 23869/2018 has filed the writ petition seeking the following reliefs: