SHAITAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr.Man Prakash Choudhary, learned counsel for the petitioners and Mr.G.R.Punia, learned Additional Advocate General for the official respondents.

(2.) The petitioners claim to be permanent residents of village Kanwala District Jalore. They have averred that their village-Kanwala has a population of about 5000 and besides being in existence for last 900 years, it has to its credit a historical background. The Rana Kumbha Fort, which is 500 years old, is located nearby. They have averred that there exists heavy hills and mountains near the village-Kanwala and the abadi area thereof is situated in khasra no.693 and in khasra no.499, heavy hills and mountains are situated just adjacent to the abadi area.

(3.) The petitioners did approach this Court seeking its intervention alleging illegal mining in the area, as a result whereof, in the mid night of 4th& 5th December, 2010 following indiscriminate blasting in the mining area in khasra no.499, a large number of heavy stones/boulders started rolling down and crashed into the houses of inhabitants, who were seriously injured. Further, many houses were severely damaged. A report dated 8.12.2010 of the Sub Divisional Magistrate, Ahore was also placed on record in this regard, which according to the petitioners, disclosed illegal mining operation in mines no.17 to 20 so much so that the excavation in connection therewith had extended upto the top of the hills. It was alleged that such illegal activities though impermisible were possible in view of the connivance of the officials of the Mining Department. It was prayed that necessary investigation may be made and appropriate directions amongst others be issued to restrain mining operations in the area in question.