Charanjit Singh v. Union Of India And ORS

 

 

       

   

!"#$%#&'('$)*+,,+ CHARANJIT SINGH ,,#"'"'$)#- .(, UNION OF INDIA AND ORS ,,#(/$)0#)"(

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Present:

Ms. Satinder Kaur, Advocate for the petitioner. Ms. Krishna Dayama, Senior Panel Counsel for respondent No.1 (


   

  Mr. Saurav Khurana, Addl. A.G., Punjab.

Mr. Kanwal Goyal, Advocate for respondent No.9 Mr. Anil Gupta, Advocate for Mr. Ashish Verma, Advocate for respondent No.10. ...

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  2   1.

The petitioner, who is a resident of Village Akuwal, Tehsil Jagraon, District Ludhiana, is before this Court and through the present petition seeking a direction for stopping transport vehicles loaded with sand belonging to respondent No.9, to pass through the narrow village road which is 849 feet" broad.

2.

It is contended that the ruckus created by passing of the heavily loaded trucks causes disturbance not only to school children but is also detrimental to the environment of the area concerned. 3.

This Court while taking cognizance of the matter on Jasmine Kaur 2025.02.17 12:37 I attest to the accuracy and authenticity of this document 21.05.2024 noticed that the private respondent No.12 was a mining lessee,

whose trucks were passing on the roads in question has submitted revised mining plan which has been approved by the competent authority and the same is being added to by taking different routes than the village roads in question.

4.

Learned counsel for the petitioner on the other hand contends that the village roads in question are still being used by heavily loaded trucks.

5.

The aforesaid disputed question of fact cannot be gone into while exercising writ jurisdiction under Article 226 of Constitution of India. 6.

However, this petition stands disposed of with direction to the concerned competent authority i.e. respondents No.2 to 8 to ensure that respondent No.9 adheres to the revised mining plan for transporting the excavated mineral and in case of any breach of the said revised mining plan, penal action be taken against respondent No.9 after following the due process of law.

7.

Pending applications, if any, shall also stand disposed of. 

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 Whether speaking/reasoned Yes No Whether reportable Yes No Jasmine Kaur 2025.02.17 12:37 I attest to the accuracy and authenticity of this document