NOUSHAD Vs. DISTRICT ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY

JUDGEMENT

(1.) The petitioner contends that his right to excavate ordinary earth from the property belonging to him, based on the valid clearance and permits issued by the competent authorities, is forcefully obstructed by the respondents 4 to 7. Though this was brought to the notice of the third respondent by filing a specific complaint/representation, the same was not adverted to properly and the threat to the law and order situation still continues, which made the petitioner to approach this Court by way of the present writ petition.

(2.) The learned counsel for the private respondents submits with reference to the pleadings in the counter affidavit and supporting documents, that the excavation sought to be pursued by the petitioner is detrimental to the rights and interests of the private respondents. Based on the complaint preferred by the private respondents, the Village Officer concerned has intervened and has issued Ext.R6(c) Stop Memo on 29.10.2018. This being the position, the petitioner is not entitled to get any relief, submits the learned counsel.

(3.) The learned counsel for the petitioner submits that the petitioner has filed a reply affidavit referring to the subsequent events after issuance of Ext.R6(c) Stop Memo. The real facts and figures were brought to the notice of the authorities concerned, based on which, Ext.P6 proceedings were issued by the Tahsildar instructing the Village Officer that the Stop Memo could be withdrawn for the reasons stated therein. The matter was considered by the Village Officer accordingly and has issued Ext.P7 on 31.10.2018 withdrawing Ext.R6(c) Stop Memo.