LAWS(JHAR)-2004-2-26

AWADH KISHORE SAHAY Vs. BHARAT COKING COAL LTD

Decided On February 17, 2004
AWADH KISHORE SAHAY Appellant
V/S
BHARAT COKING COAL LTD Respondents

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER has prayed that he may be allowed to remove the slurry/sludge/ fine dust accumulated on his raiyati land, after being abandoned by the respondent -Company as a waste product and/or allow him to take such other appropriate steps in relation thereto as he may deem fit and proper.

(3.) PETITIONER 's case is that the respondent -Company cannot claim the abandoned slurry accumulated on his land. The land of the petitioner has been rendered useless. The Central Government has not framed rules under Section 18 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the Act), therefore the petitioner can deal with the slurry in the manner he likes. The slurry is causing air and water pollution also.