SANJAY PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AFTER hearing the Counsel for the parties, we deem it appropriate that this writ petition be listed for further hearing on 18th November, 2008.

(2.) IN the meantime, factual report be summoned from the Chief Judicial Magistrate, daltonganj, who shall conduct site inspection of plot No. 310, measuring an area of 1. 55 acres if village Asnanulia, P. O. Pandu, P. S. Bishrampur for which lease has been granted to the respondent No. 6 for conducting mining operations as it has been contended by the petitioner that the mining operations in the aforesaid area is seriously affecting the life and health of the villagers, which constitute a cluster of not less than 100 houses with a population of approximately 1000 along with their cattle and an anganbari School along with the temples where the villagers come to worship are also existing. It was submitted that the leasehold right for conducting mining operations had been cancelled by the Deputy Commissioner also and overruling the same the Commissioner granted mining rights to the respondent No. 6.

(3.) IN view of the conflicting views of the deputy Commissioner and the Commissioner as also the fact that mining operation which is conducted on the hilltop and the villagers of not less than 1000, who are residing down below thereto, are seriously affected but is disputed by the Counsel for the respondent No. 6, we deem it appropriate that a factual report be submitted by the Chief Judicial Magistrate, Daltonganj after conducting a site inspection of the aforesaid area as referred to hereinbefore.