DILBAGH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners have filed the present Writ Petition (PIL) to stop the illegal mining being carried out by the Respondent Nos. 4 to 6 over the land situated at Village Bailparao Pattpani, Semalchaur, Tehsil Kaladhungi, District Nainital.

(2.) By means of present Writ Petition (PIL) the petitioners have brought into the notice of this Court that they are public spirited persons and have no personal interest of the subject matter. The Writ Petition (PIL) has been filed by them to protect the environment from illegal mining and its adverse affect on ground water level in the area.

(3.) Brief facts leading to the present WPPIL are that the petitioners are agriculturists by occupation and permanent residents of Village Bailparao Pattpani, Semalchaur, Tehsil Kaladhungi, District Nainital. Being the public spirited persons they are raising the issue before this Court that agricultural fields, rivers, ground water level are being affected by illegal mining at the hands of respondent Nos. 4 to 6. It is contended that the respondent Nos. 4 to 6 obtained permission from the Respondent Nos. 1 to 3 to construct a lake / pond / rain water harvesting tank over the land actually belonging to respondent No.4. It is further contended that the State Authorities without verifying the correct facts permitted respondent Nos. 4 to 6 for digging of mining in the guise of constructing the lake / pond / rain water harvesting tank for the purpose of agricultural activities. It is further pleaded that the respondents are hand in glove and just to circumvent the provisions contained in Mines and Minerals (Development and Regulation) Act, 1957 got permission for constructing the lake / pond / rain water harvesting tank, whereas they are actually doing the mining activities in the guise of construction of lake/ pond / rain water harvesting tank for irrigation of their fields.