RAMJI VYAS Vs. SUDHANSU PANT

JUDGEMENT

(1.) DURING the course of submissions in this matter, a seriously objectionable state of affairs has been noticed wherefor, it appears rather imperative that the contempt proceedings be also taken up against the then Mining Engineer, Jodhpur, who had issued and published the notification on 06.07.2012, in purported compliance of the order dated 15.05.2012, passed by this Court in PIL Petition No.8809/2011.

(2.) IN brief, the relevant background aspects are as follows: The petitioner herein filed the said PIL Petition No.8809/2011 espousing the cause of public in the manner that there were going on illegal mining activities in the reserved forest area called Beri Ganga Forest Block and in the surrounding forest land, located in the vicinity of the city of Jodhpur. The petitioner also prayed that near the water-body, known as Balsamand Lake and its catchment areas, no mining activities be allowed.

(3.) ON 06.07.2012, the Mining Engineer, Jodhpur proceeded to issue a public notification, copy whereof has been filed as Annexure- 3 with this contempt petition, wherein it was stated that the catchment area had been identified after a joint survey with the officers of the Irrigation Department. Then, a detailed list of mining areas comprised in different quarry licenses was given with the observations that the said mining areas fell within the catchment and mining operations were to be stopped therein. The relevant contents of the notification dated 06.07.2012 read as under: - ...[VERNACULAR TEXT OMMITED]...