SADDIQUE MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by 13 petitioners as Public Interest Litigation ('PIL') stating grievance against the mining operations being carried out by the respondent ­ Hindustan Zinc Limited near village Agucha, Tehsil Hurda, District Bhilwara. The petitioners have stated the summary of the cause to maintain this writ petition as PIL in the following: -

(2.) WHILE entertaining this writ petition on 16.05.2012, this Court directed that the respondents shall ensure that no mining operation was carried out in an illegal manner. However, on 11.07.2012, an application (IA No.10707/2012) was filed on behalf of the petitioners supported by their affidavits seeking permission to withdraw while stating that the respondent Hindustan Zinc Limited has dealt with the problems of villagers and their grievances stood redressed.

(3.) THEREAFTER , a detailed affidavit has been filed on behalf of the respondent No.9 Hindustan Zinc Limited, inter alia, stating that its mining operations are being conducted with the best of technologies and it has received several commendations for the same. While denying the allegations of the petitioners, the respondent has further pointed out that upon clearance of the concerned departments / authorities, its production capacity of mine ore was permitted to be enhanced from 5.00 mtpa to 6.15 mtpa for which, acquiring the surface rights over additional area of approximately 155 ha land situated within the mining lease area was envisaged wherefor, the process of acquisition, as per the provisions of the Land Acquisition Act, 1894, was set in motion. While giving out the details of its dealings with the petitioners whereby the answering respondent has purportedly purchased the land of all except one of the petitioners by itself or through its employee; and while filing the copies of such registered sale deeds on record, the respondent company has also averred that in respect of the other parcels of land including that of the petitioner No.12, a request has been made to the State Government and the process has been initiated for acquisition. The respondent company has, inter alia, stated as under: -