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Wednesday, November 5, 2008

Allahabad HC: Use of machine in sand excavation, against environment

A division bench of Allahabad High Court has remarked that the use of machine in the excavation of sand would not only cause damage to the environment, but also affect the natural flow of the river.

The Court in its order has said use of machine would also displace the people of castes, traditionally engaged in mining works.

Dismissing a writ petition filed by Zunaid Ahmed and two others of district Kaushambi, the bench consisting of Justices Janardan Sahai and S P Mehrotra said prohibition on the use of the use of machine can be made by the district administration on account of this fact also i.e., the administration finds that use of machines would displace the people of castes traditionally engaged in mining.

The petitioners were the mining lease holders of sand of the Yamuna River led in the portions of district Kaushambi. They were granted mining lease in the year 2006, which were operative for a period of three years till 2009. There was a condition in the lease deed that they will not conduct mining operation by the use of machines expect with the permission of the district magistrate.

The petitioners were aggrieved by the stoppage of mining operation on account of oral orders of the DM. The contention of the petitioners were that they cannot be restrained from carrying a mining operation on the basis of oral orders of the DM.

UNI


Source: indlawnews.com

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