Gram Panchayat Jairam Nagar, v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1263 of 2021 • Gram Panchayat Jairam Nagar, Tahsil Masturi, District Bilaspur (C.G.), Through Its Sarpanch, Smt. Girija Devi Agrawal W/o Shri Kamal Agrawal, Aged About 48 Years, Jairam Nagar, Tahsil Masturi, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through - The Secretary, Mines And Minerals Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

2. Collector (Mining), Bilaspur, District Bilaspur Chhattisgarh.

3. District Mining Officer, Bilaspur, District Bilaspur Chhattisgarh. ---- Respondents For Petitioner :

Shri Atanu Ghosh, Advocate For Respondent/ State :

Ms. Shriya Tiwari, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04.03.2021 Heard.

1. The limited grievance of the petitioner is that certain mining activities are carried out in the village area by the lessee which is against the C.G. Miner Mineral Rules, 2015.

2. Learned counsel for the petitioner would submit that during the mining process certain explosives are used for which the lessee do not hold any permission or license, therefore it has caused damages to the houses situated within the village. Consequently, Gram Panchayat, Jairam nagar has made an application dated 28.10.2020 (Annexure P-2) to the Collector, the same is not been considered.

3. Without any observation on the merits as to the legality of the operation of mining, subject to other facts since only prayer is made that the compliant made to the Collector may be adjudicated. Considering the same, Collector (Respondent No. 2) is directed to decide the application of the petitioner (Annexure P-2) within a further period of 90 days from the date of receipt of a copy of this order.

4. With the aforesaid observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti