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Patna: HC raps state over illegal quarrying

PATNA: The Patna high court came down heavily at the state govt on Tuesday after rejecting its plea for taking motion in opposition to a petitioner Jagdish Singh Arya who had advised the court for blanket ban on blasting and rock quarrying activities on greater than 1000-foot-high Gere hills in Gaya turning it "into 300-foot-deep crater and resulting into extensive damage to human life, agriculture, environment and cattle".

Earlier, the state govt had submitted ahead of the court in December 2017 that petitioner had filed PIL on foundation of improper facts and motion will have to be taken in opposition to him as no unlawful activities had been taking place within the house anymore after amendments of mining laws in 2014.

The court had then ordered the petitioner to file show-cause declaring that why heavy price will have to now not be imposed upon and coercive motion be taken in opposition to him.

The bench of chief justice Amrehswar Pratap Sahi and Justice Anjana Mishra, whilst listening to the topic on Tuesday, directed the assistant director of mines and geology division, Gaya, to file a detailed reply if any criminal activity is happening within the house or now not.

The bench directed the officer to file reply inside of 4 weeks’ time and posted the topic for listening to again after one month.

The petitioner, as in line with HC course, had filed the show-cause coupled with supplementary counter-affidavit in which copies of two separate FIRs dated September 28, 2017 and January 19, 2018 had been annexed.

They had been lodged with Mufassil police station for unlawful quarrying activities. The FIR of January 19 used to be lodged through Gaya’s assistant director, mining and geology division in opposition to 4 corporations for violation of regulation.

A battery of attorneys led through suggest general Lalit Kishore seemed ahead of bench submitting all unlawful activates had stopped after changes of mining laws but the court used to be now not glad on perusal of petitioner’s show-cause and supplementary affidavit.

“Wahi kaarnama fir kaise chal raha hai (How again usual criminal activity is happening),” CJ observed orally. He, on report, mentioned that unlawful mining had came about again within the house.

Petitioner had moved high court in June 2017 urging for safeguarding human existence and setting which is getting destroyed in Lodipur, Bhagalpur, Kaibachak, Murgiachak, Rasuna, Mirzapur and Akkal Bigha and for CBI inquiry over unlawful quarrying.

He had alleged huge unlawful blasting and mining hardly ever 5 meters clear of village institutions like community halls and residences in opposition to 300 meters of criminal limits violating Section 106(2)(b) of Metalliferous Mines Regulation Act, 1961. Singh used to be represented through suggest Sheikh Arkan Ahmed.

Petitioner had additionally alleged connivance of higher official and strong politicians at the back of the activities accomplished through few personal corporations namely IL&FS Engineering and Construction Company Limited, Octal Sales Private Limited, Navyug Engineering Company Limited and Mahadave Ankalav Private Limited.

Counsel Khan said 48 acre used to be leased through govt for quarrying instead of which around 150 acre used to be quarried. “40 unlawful crushers had been stopped through management after HC understand,” he said.

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