Maintaining its stern stand against illegal mining, the Nagpur bench of Bombay High Court has directed the state government to consider putting a condition in the lease, making it mandatory for lease holders to restore the land to its original stage by planting trees to maintain the ecological balance.
A division bench comprising justices Sharad Bobde and Mrudula Bhatkar has also asked Nagpur collector to take assistance of CR Babu, director of Centre for Environmental Management of Degraded Ecosystems ( CEMDE India) and former vice-chancellor of Delhi University, to maintain ecological balance in the region since illegal mining had led to vanishing of trees and grassland.
The court's orders came while hearing a PIL filed by social worker Umesh Chaube and three others, pointing out that illicit felling of trees was going on in the area earmarked as jhudpi jungle in Mouza Mahurzari, which has led to the approach road getting damaged.
Over 22,400 trees had been planted in this area by the social forestry department in 1991-92, but due to illegal mining not a single tree is left now. The petitioner had attached TOI reports with the petition. Anand Parchure and Shrikant Khandalkar were counsels for the petitioners.
The judges expressed anguish over the admission by the collector that illegal mining continued despite their best efforts. The court asked the collector to file a detailed affidavit giving names of lease holders, showing lease period and area. The collector was also asked to inform about material being mined from respective areas and if mining is done beyond that, what action is taken lease holders.
Earlier, government pleader Nitin Sambre admitted that some lease holders have carried out mining beyond their limit and the collector had imposed fine on them, and also issued notices to the concerned revenue officials for lapses. Sambre also informed that maintenance of tress adjacent to mining areas lies with the concerned gram panchayat, which is already a party in the petition.
During the last hearing, the judges had sternly directed the state government to depute an officer of the rank of additional collector to inspect illegal mining at Mahurzari.
They also blasted the government on its inept handling of the 'sensitive' issue of illegal mining, which led to cutting of over 22,000 trees in the area. The government was told to verify the factual position over illegal felling of trees from Khasra No 100 and action to be taken against responsible persons. The judges also observed that if the lease holders had illegally chopped trees, they are liable to face the consequences.
A division bench comprising justices Sharad Bobde and Mrudula Bhatkar has also asked Nagpur collector to take assistance of CR Babu, director of Centre for Environmental Management of Degraded Ecosystems ( CEMDE India) and former vice-chancellor of Delhi University, to maintain ecological balance in the region since illegal mining had led to vanishing of trees and grassland.
The court's orders came while hearing a PIL filed by social worker Umesh Chaube and three others, pointing out that illicit felling of trees was going on in the area earmarked as jhudpi jungle in Mouza Mahurzari, which has led to the approach road getting damaged.
Over 22,400 trees had been planted in this area by the social forestry department in 1991-92, but due to illegal mining not a single tree is left now. The petitioner had attached TOI reports with the petition. Anand Parchure and Shrikant Khandalkar were counsels for the petitioners.
The judges expressed anguish over the admission by the collector that illegal mining continued despite their best efforts. The court asked the collector to file a detailed affidavit giving names of lease holders, showing lease period and area. The collector was also asked to inform about material being mined from respective areas and if mining is done beyond that, what action is taken lease holders.
Earlier, government pleader Nitin Sambre admitted that some lease holders have carried out mining beyond their limit and the collector had imposed fine on them, and also issued notices to the concerned revenue officials for lapses. Sambre also informed that maintenance of tress adjacent to mining areas lies with the concerned gram panchayat, which is already a party in the petition.
During the last hearing, the judges had sternly directed the state government to depute an officer of the rank of additional collector to inspect illegal mining at Mahurzari.
They also blasted the government on its inept handling of the 'sensitive' issue of illegal mining, which led to cutting of over 22,000 trees in the area. The government was told to verify the factual position over illegal felling of trees from Khasra No 100 and action to be taken against responsible persons. The judges also observed that if the lease holders had illegally chopped trees, they are liable to face the consequences.
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