The Bombay High Court declined to entertain a Public Interest Litigation (PIL) alleging that a private company has been selling iron ore in breach of the Memorandum of Understanding (MOU) it entered into with the Government of Maharashtra through the Director, Geology and Mining, Nagpur.
The PIL has been filed by one Prakruti Foundation Society registered under the Societies Registration Act, 1860 constituted for the welfare of the tribals.
It is alleged that iron ore excavated from the mine at Surajgarh, Tahsil Etapalli, District Gadchiroli is being sold to industries in breach of the said MOU.
Under the MOU, excess iron ore excavated is required to be sold to industries consuming iron ore situated in Vidarbha area at reasonable price. It is prayed that the respondents be directed to control the sale of iron ore by the private company pursuant to the mining lease granted to it.
While considering the PIL, the Nagpur Division Bench of Justice A. S. Chandurkar and Justice Vrushali V. Joshi found from the averments made in the petition that though the grievance of the petitioner that sale of iron ore has been undertaken by private company in breach of the MOU, the petitioner has not yet approached the concerned respondent which is the Department of Industry and Mines raising such grievance before it.
It would be first necessary for the petitioner to point out any breach of the terms of MOU to the concerned Department and thereafter if such grievance still persists, the petitioner would be at liberty to take further steps in the matter, held the Bench.
In view of the fact that the petitioners have not approached the concerned Department for raising the aforesaid grievance, the High Court was not inclined to entertain the proceedings at this stage. The petitioners would be at liberty to first bring to the notice of the concerned respondent the alleged breach of the MOU being committed by the private company.
“If the grievance of the petitioners persists thereafter, they are free to approach the Court by taking appropriate steps. Needless to state that if such steps are taken by the petitioners, the concerned respondent shall consider the same in accordance with law. All points raised in this writ petition are kept open. Public Interest Litigation stands disposed of as not entertained,” observed the Bench.