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| HC orders status quo in PIL challenging extraction of magnasite in Trikuta hills | | | early times report
Jammu, Mar 20: A division bench of high court today ordered status quo in a PIL filed on the basis of a newspaper report that ministry of environment and forests had given clearance to the project to be undertaken by J&K mineral development corporation and national mineral development corporation for mining of magnesite and setting up of a plant for the production of dead burnt magnesia at Painthal near the holy and famous shrine of Shri Mata Vaishno Devi.
The PIL has been filed against the denotification of protected Trikuta Wild Life Sanctuary in order to justify legality of the proposed mining without adhering to the provisions of J&K Wildlife Protection Act and also without adhering to the various Supreme Court guidelines. The proposed mining is being carried out illegally in the land exclusively owned by Shri Mata Vaishno Devi Shrine Board and the said board has expressed in the reply to RTI filed by the petitioner that they have not alienated any land belonging to SMVDSB for the purpose of mining or ever permitted to carry out mining against any provisions of SMVDSB Act. The petitioners have also challenged the proposed mining on environmental, public heath, historical and viability issues. The petitioners also placed on record various reports submitted by respondents from time to time including researches and expert opinions to strengthen their arguments. The petitioner filed this petition also in the nature of mandamus upon the respondents commanding them to forbear from changing or disturbing the environment and ecological pattern of land in respect of Trikuta Wildlife Sanctuary and Trikuta Hills situated in Katra for the ostensible purpose of extracting magnasite and setting up of a plant of dead burnt magnasite at Chipprian Hills, Chandwan and Panthal in district Reasi of Jammu region at the instance of respondents or for any other purpose which shall cause disturbance of ecology and environment and seeking quashment of various orders issued by the various departments and also seeking direction to Shri Mata Vaishno Devi Shrine Board through its chairman to alienate the land held and owned by it in violation of the provisions of Shri Mata Vaishno Devi Shrine Board Act,1988. The division bench of chief justice F M Ibrahim Kalifulla and Justice Hasnain Massodi, after hearing the two sides, issued notice to respondents.The division bench ordered that status quo be maintained till the next date of hearing. |
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