ASHWANI CHOBISA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions, which have been filed by way of public interest litigation, highlight issues of grave environmental and ecological degradation due to large scale illegal, un-authorised, un-scientific and un-systematic mining activities being undertaken in violation of the provisions of various enactments, rules framed and notifications issued thereunder, and the orders of the Supreme Court and this court. Some of the petitioners have made a grievance with regard to the operation of the stone crushers and use of explosive substances for winning the minerals from the mines on the ground that they are causing air and nose pollution. Since these writ petitions pertain to and address the common issues, they have been heard together and are being disposed of by this order.

(2.) D. B. Civil Writ Petition No. 7544/03 has been filed by one Ashwani Chobisa, who is a practicing lawyer, in the Rajasthan High Court and claims himself to be a public spirited and keenly interested person in protecting the environment and water resources. He has focused on the aspects of large scale illegal un-systematic, haphazard and un-scientific mining taking place in the entire State of Rajasthan and operation of stone crushers at various places in the State and their benefit repercussions on the ecology. While Chobisa's writ petition deals with the problem of environmental degradation through-out the State of Rajasthan, all other writ petitions have focused on the aforesaid problem in respect of particular areas only. Therefore, Chobisa's writ petition is treated as the lead case. PETITIONER's CASE:

(3.) RESPONDENT No. 2, State of Rajasthan has in its reply raised a preliminary objection with regard to the maintainability of this petition. It is stated that similar writs are already pending either in the Principal Seat of Rajasthan High Court or the Bench and the matter stands concluded by the directions of the Supreme Court with regard to the mining activities in the State of Rajasthan. The petitioner has no right to raise the same issues again and again by way of public interest litigation.