DHANI RAM MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) By this writ petition, by way of Public Interest Litigation, prayer has been made for cancelling the stone mining lease of plot No. 787 and 807 of Rangdungri Samram which was leased out to respondent No. 7 for a period of ten years and part of the aforesaid plot measuring six acres leased out to respondent No. 6 on the ground, inter alia, that any kind of mining activities in that area may endanger the lives and properties of the vi 1- lagers as a result of flood in the village since the plot in question is located on the bank of river Karkhai.

(3.) After considering the report furnished by the technical experts and the stand taken in the counter-affidavit, this Court by order dated 7.5.2009 directed the District Judge, Saraikela- Kharsawa along with Chief Engineer, Water Resources Department of that area to verify the correctness of the report submitted by the Technical Expert, who are merely Junior Engineers. It is worth to mention here that the Technical Expert, who is the Junior Engineer, in their report mentioned that mining operation would not create over flow of water from river in question to the village. In the report, submitted by the District Judge, Saraikela-Kharsawa it is stated that the mining operation will cause great loss to the villagers. For better appreciation paragraphs 3 and 4 of the report is quoted herein below :