LAWS(BOM)-2010-2-120

ROHAN VAMAN SAVAIKER Vs. STATE

Decided On February 10, 2010
ROHAN VAMAN SAVAIKER Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Rule, with the con sent of the parties made returnable forth with and heard.

(2.) This petition takes exception to the Corrigendum issued to the Order dated 28.1.2010 by the Sub Divisional Officer, Bicholim, which Order he has issued under section 133 of the Criminal Procedure Code. By the Order dated 28.1.2010, the S.D.O. has directed the concerned mine transport ers to stop transportation of the ore on the Kalne/Raddi road. This Order has been passed on the basis of the complaint received from the Villagers of Bicholim Taluka, espe cially the Villagers of Latembarcem, Mulgaon and Bicholim. The representation of the Vil lagers is to the effect that due to the said transportation of the ore which, inter alia, includes overloading of the trucks, a nuisance has been created which includes air pollu tion and there is also danger to the life of the Villagers due to rash and negligent driving of the said trucks.

(3.) The relevant clause of the said Order dated 28.1.2010 reads as follows :