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PIL against mining of magnasite in Trikuta Hills
DB allows construction rope-way at SMVDS
6/20/2012 11:16:39 PM
Jammu, June 20 (JNF): Division Bench of High Court comprising Chief Justice MM Kumar and Justice JP Singh in a PIL allowed respondents to construct Rope-Way at Shri Mata Vaishno Devi Shrine.
The Court after hearing Advs Vilakshana Singh and Deewakar Sharma whereas Sr. Advocate DC Raina assisted by Advocate Vishal Bharti whereas KK Pangotra ASGI for the Union of India and Advocate Vipin Gandotra appeared for the respondents, observed that there is agreement between the parties for modification of interim order dated March 19, 2012 which provides for maintaining status-quo till next date of hearing. Counsels have agreed that the order with regard to the status-quo may not be maintained with regard to construction of Rope-Way by Shri Mata Vaishno Devi Shrine Board. Accordingly the order of status-quo dated March 19, 2012 is clarified. However, it shall continue to operate with regard to mining and felling of tree till next date of hearing.
This direction has been passed in a Public Interest Litigation filed on the basis of a news-paper report in which it has been mentioned that the Ministry of Environment and Forest had given environmental clearance to the project to be undertaken by Respondent J&K Mineral Development Corporation & National Mineral Development Corporation for mining of Magnesite and setting up of a plant for production Dead Burnt Magnesia at Panthal near Holy and famous Shrine of Shri Mata Vaishno Devi.
In the PIL the petitioners are also challenging the proposed mining on the grounds of Environmental, Public Heath, Historical and Necessity/Viability of the said project. The petitioners have placed on the record various reports submitted by Respondents time to time, researches, expert opinions etc so as to strengthen their arguments. The petitioner has filed this writ 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 plant of Dead Burnt Magnasite at Chipprian Hills, Chandwan and Panthal Village 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 Depts and also seeking direction 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.
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