AMIRUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing. None for the petitioner. Shri Swapnil Ganguly, learned Deputy Advocate General for the re-spondents / State. Shri Ashish Shroti, learned Counsel for respondent No. 5. Shri Jubin Prasad, learned Counsel for respondents No. 6 and 7.

(2.) This writ petition has been filed by Shri Amiruddin, the then Sarpanch of Gram Panchayat Agariya, Tahsil Sihora, District Jabalpur, way back in the year 2007 praying for a direction to the State Government and the Pollution Control Board to inquire into his complaint and about the pollution being caused by the respondents No. 6 and 7 and take action against them for violating the norms of pollution fixed under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. A prayer is also made that the respondents be directed to provide proper medical facilities to the affected villagers and disburse the amount of compensation as per circular dtd. 3/3/2006 and declare the village an affected area as a special relief zone and special package be issued for developing the said area.

(3.) The State Government in its reply to the writ petition filed way back in 2008, has submitted that the Chief Medical and Health Officer, Jabalpur has sent a report of Block Medical Officer, Majhgawan, Block Sihora, District Jabalpur wherein it is stated that there is no danger to the residents of the area due to mining activities of the respondents No. 6 and 7. The scheme contained in the Government Circular dtd. 3/3/2006 is not applicable to the Gram Panchayat, Agariya. It is specifically stated in the reply that the aforesaid scheme applies to minor minerals and the iron ore, as per Schedule I of the M.P. Mines and Minerals (Development and Regulation) Act, 1957, is a major mineral, therefore, the aforesaid scheme is not applicable.