- (1.) THIS writ petition has been preferred by the villagers of Surata-Fala-Saja of Gram Panchayat Surata. The prayer has been made by them to direct the respondents to remove the waste materials of marble mines dumped in the agriculture land, abadi land and nearby area of these lands. It is also prayed that respondents be directed not to dump the waste materials of marbles, as it is hazardous to the environment and to the life of human being. Compensation be also awarded to the petitioners due to illegal dumping of waste materials of marble mines.
(2.) IT is averred in the petition that the respondent Nos.6 and 7 are dumping their waste materials in the agriculture land of the petitioners. The petitioners are small and poor agriculturists. They have raised their grievances before the Gram Sabha that they are not able to cultivate their lands due to illegal dumping made by the respondent Nos.6 and 7. The lands comprised Survey No.766, 747 and 749 admeasuring 70 bighas are also situated nearby. Complaint (P/2) was filed on 21.12.2007 by them which was forwarded by Sarpanch along with proposal of the Gram Sabha to the District Collector, Dungarpur. They also raised a grievance before the Chief Minister in Sarva Jan Maha Abhiyan that their agriculture land has become Banjar and health is affected adversely, water has also been polluted. The S.D.M. Simalwara has submitted the report to the District Collector on 8.4.2008 and inspite of that, no effective action has been taken by the respondents and dumping continued in their lands. Environment is also affected by the aforesaid act. Owners of the Mines lodged false report and poor villagers were bounded down by the S.D.M. to maintain the peace. They have been implicated in the false criminal cases. The decision of Abdul Rahman has also been relied upon. Reply has been filed by the counsel appearing on behalf of respondent No.3 pointing out that spot has been inspected and inspection note has been prepared and at the time of inspection, it was found that the waste material of the marble mine of Shanti Lal Patel was dumped in Survey No.752 in area 0.06, Survey No.753 in area 0.04, Survey No.754 in area 0.17, Survey No.2647/746 in area 2 bigha, Survey No.2648/766 in area 2 bigha. It was also found that waste material was lying on the land belonging to Karilal S/o Mavji Meena, so also the waste material was found on bilanam Govt. land situated at survey no.751. Waste material was also found on the land belonging to the complainant as per report (R/1). Further site inspection was done on 21.5.2008. Report was prepared by Assistant Engineer, Mines in the presence of Girdawar and Patwari. In separate reply filed by respondent No.4, it is contended that Assistant Mining Engineer, Dungarpur visited the site on 21.5.2008 in the presence of Girdawar, Patwari, complainants and the mine owners. During inspection, it was found that there was some over-burdened dumping in the khatedari land. Respondent No.4 warned the mine owners not to put over burdened dumping on the said land in future and they have also been bound down for the purpose. The site report (R/4/1) was prepared. The Assistant Mining Engineer, Dungarpur approved the site for the dumping of over burden for the mining lease No.5/98 near village Mal Tehsil Simalwada, District Dungarpur as per order (R/4/2) dated 1.4.2008. The State Government has also filed its return and has submitted that writ petition has not been filed in the public interest. It is submitted that waste material of mines are being sent to dumping station situated in survey no.766, 747 and 749 of the village with the written permission of the khatedars. No complaint has been lodged by the owner of the residential house which is situated nearby. Other facts have also been denied. We have heard learned counsel for the parties. It is apparent from the subsequent return filed by the respondent No.3 & 4 that the earlier return, which was filed under the signature of the S.D.O. denying every fact was not a correct return. It is apparent from report (R/1) of the return filed by the respondent Nos.3 that dumping was done on the land of the complainants including the land comprising survey No. Survey No.752 , Survey No.753 , Survey No.754, Survey No.2647/746, Survey No.2648/766. It is also apparent from site inspection report (R/4/1) of the separate return filed by respondent No.4 that the dumping was done in Khatedari lands. Thus, the grievance of the petitioners is justified as reflected from the separate return filed by the respondent Nos.3 and 4 that dumping has been done illegally.
(3.) COUNSEL for the petitioners has submitted that waste materials are still lying on the spot and in the circumstances, if the waste materials of marble mines are not removed, it will be hazardous not only to the health but also to the environment and it will also cause loss to the fertility of the land. In the circumstances, the Collector is directed to examine the question how much loss has been caused to the petitioners by the act of respondent No.6 and 7. Collector is also directed to pass appropriate order awarding compensation in favour of the petitioners as may be determined, after holding due enquiry. We also deem it proper to direct the S.D.M. and Assistant Mining Engineer to inspect the spot within fifteen days from today and to submit report to the Collector whether any waste material of marble mines is being dumped on the objectionable places or in the khatedari land and in case any waste material of marble mines is found dumped, let it be removed at the cost of concerned respondent Nos.6 and 7, who may be responsible for dumping it, within a period of three weeks from today. The writ petition is allowed to the aforesaid extent. The respondent Nos.6 and 7 to bear cost of Rs.5,000/- to be paid to the petitioners. ;