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| HC dismisses PILs on Magnesite extraction | | | Jammu, July 28 (JNF) : The High Court today dismissed two PILs against de-notification of protected Trikuta Wild-Life Sanctuary in order to justify legality of proposed Mining without adhering to the Provisions of J&K Wild Life Protection Act and also without adhering to the various Supreme Court guidelines.
Further, the said 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 Petitioner that they have not alienated any land belongs to SMVDSB for the purpose of mining or ever permitted to carry out mining against any provisions of SMVDSB Act, A Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice Virender Singh and Justice Mohammad Yaqoob Mir held that both the PILs are pre-mature as such dismissed.
In the PIL the petitioners also challenged 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 Magnesite 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 Deptts 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.
The Judgment written by Justice Mohammad Yaqoob Mir for the Division Bench observed that the project under challenge is for mining/ extraction of Magnesite (MgCO3) situated in Chipprian Hills of Shivalik Mountains. According to National Mineral Development Corporation the results proved that Panthal Magnesite deposit is having highest grade MgCO3 i.e between 93% to 95%.
The target protection of 30,000 tons of this High Grade Magnesite by MNDC/JKMDC would be major import substitute and will reduce the burden foreign exchange of the country. It is further submitted by respondents MNDC/JKMDC for achieving object had undertaken the process of obtaining requisite NOC/permission from the concerned authorities. In the process, GOI Ministry of Environment and forest dept vide its letter dated May 3, 2011 addressed to JKMDC has accorded environmental clearance to said project under the provisions of EIA notification dated September 24, 2006 subject to strict compliance of 21 specific conditions and 25 General Conditions incorporated therein which include clearance under the Wild Life Protection Act 1972 from the National Board for wild life. In the letter addressed to the chief Wild Life Warden dated January 31, 2012 by Deputy Inspector General Wild Life, it has been mentioned that in the 23rd meeting of standing committee of NBWL held on October 14, 2011, de-notification of Trikuta Wild Life Sanctuary has been recommended with certain conditions which conditions have been reiterated but then it has been recorded that "the above recommendation is subject to the existing directive of Supreme Court and the provisions of the forest (conservative) Act 1980". In the para NO 14 it has been clearly stated that the proposed de-notification/diversion of Trikuta Wild Life Sanctuary is under consideration of CEC/Supreme Court and orders in this behalf of still awaited.
The Court after Division Bench after hearing Advocates Deewakar Sharma & Vilakshan Singh for the PIL whereas Advocate DC Raina with Advocate Vishal Bharti for the SMVDSB, ASGI KK Pangotra for the Union of India whereas Sr. Advocate ZA Shah with Advocate Vipin Gandotra respondents, observed that both the petitioners have not complied with rules regarding Public Interest petition as framed by the J&K High Court notified vide notification No 761 dated October 19, 2011, in terms whereof Rule 24 has been inserted to the writ proceedings rules 1997 under the heading of "Part-III" to the writ proceedings rules 1997 to regulate the procedure relating to filling writ petition in Public Interest, Sub Rule 4(VII) of Rule 24 as inserted have been observed, "before filling a PIL petition, the petitioner must send a representation to the concerned authorities for taking remedial action to enable the concerned authorities to take appropriate action.
Details/ copies of such representation and reply, if any, must be filed along with the petition. However, in urgent cases, petitions can be allowed to be filed without any such representation. In such cases, the petitioner must give prior notice of filling petition to the concerned authorities and/ or their standing counsel, if any." With these observations Court dismissed both the PILs as pre-matured. |
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