D.N.PATEL, J. - (1.) COUNSEL appearing for both the sides have submitted that now the coal reject deposited by the respondent company at the river bed of River Damodar has now been removed. Similarly, the cause way at Purnadih Open Cast has already been removed by the Central Coalfields Limited (CCL) and by the concerned respondents, and therefore, to that extent, there is no much grievances ventilated by the petitioner. Nonetheless, the counsel for the petitioner has submitted that still there is a lot of pollution in the near vicinity of the area, which is covered in the memo of petition, by the respondent company by way of deposition of the coal rejects and such other impurities which also affect the river Damodar.
(2.) COUNSEL appearing for the petitioner submitted that still because of the blasting, there are several houses in which there are cracks etc., and therefore, their houses are to be shifted by rehabilitation policy for the persons who are residing in the near vicinity of the area in question. Similarly, there schools etc. are also to be constructed by the Central Coalfields Limited. Counsel appearing for the Central Coalfields Limited respondent No.3 and 4 submitted that the detail counter affidavits have been filed and more particularly counter affidavit dated 29.8.2013 filed by the Director (Personnel), Central Coalfields Limited and especially in paragraph no.9, 10 and 13 thereof, it is submitted that the Central Coalfields Limited is ready and willing to provide the land as well as the cost of the construction of the dwelling units. Moreover, they are also ready and willing to provide necessary other infrastructure like, schools etc, which have been pointed out in paragraph no.13 and 14 of the aforesaid counter affidavit. Thus, every sort of other infrastructure shall also be provided by the Central Coalfields Limited provided that the persons who are residing in the near vicinity of the mining area who are affected their houses, show their readiness and willingness to shift as per the policy already floated by the Central Coalfields Limited for which they have already having the land in their hand and a sizable amount of money i.e. Rs.105.34 Lacs.
(3.) IN view of this counter affidavit filed by the Central Coalfields Limited dated 29th August, 2013, we see no reason to continue with this public interest litigation. It appears that now there is sufficient cleanliness of the Damodar River especially of the deposits of the coal rejects and the cause way in the said river is being removed and also the Central Coalfields Limited is ready and willing to provide free of charge the land as well as the cost of the construction of the houses, schools, and such other aminities and facilities, and therefore, it is now for the residents of those dwelling units to show their willingness before the Central Coalfields Limited to move in the near vicinity to slightly far away from the mining area. Therefore, we, hereby, dispose of this writ petition reserving the right with the petitioner to move before this Court by preferring a fresh writ petition with proper allegation, averments and annexures in case of any difficulty.;