RAMESH MALVIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court has filed this present Writ Petition by way of Public Interest Litigation challenging legality and validity of orders dated 06.03.2020 (Annexure-P/1) and 07.03.2020 (Annexure-P/2) passed by the Sub Divisional Officer, Agar Malwa and Collector, Agar Malwa respectively. A prayer for quashment of order dated 09.03.2020 has also been made by the petitioner. The petitioner in the cause-title has stated himself to be a Sarpanch of some village and it has been stated by the petitioner that respondent No.3 is carrying out mining activities which are creating pollution in the area.

(2.) It has further been stated that on account of mining activities, certain houses were damaged and there are some ancient caves adjacent to the mining area. The petitioner has stated that an application was submitted by the petitioner and other persons of the locality and the Sub Divisional Officer, based upon the application submitted by the petitioner as well as other persons of the locality, has passed an order dated 24.01.2020 in exercise of powers conferred under Section 133 of the Code of Criminal Procedure, 1973 imposing a prohibition in respect of mining / other ancillary activities.

(3.) It has further been stated that some report of the Madhya Pradesh Pollution Control Board was looked into and again an order was passed on 07.02.2020 restraining the mining activities / ancillary activities.