The Bombay High Court directed the Collector, Ratnagiri to examine the issue and place the correct position on record by way of an affidavit filed regarding precaution to be taken in respect of closed/abandoned mining pits.
The Division Bench of Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor heard a Public Interest Litigation (PIL) filed raising various issues and has prayed for action to be taken on criminal side in respect of the death of a minor, who had fallen in an abandoned mine pit in village Nirbade.
As regards taking criminal action is concerned, the APP pointed out that it is initiated and a charge-sheet is also filed.
As regards payment of compensation to the family of the deceased and the injured is concerned, that is a personal cause, which can be pursued by the family members, if necessary, availing legal aid.
The Petitioner, however, raises a larger question regarding precaution to be taken in respect of closed/abandoned mining pits in village Nirbade, absence of which, according to the Petitioner, may lead to recurrence of such incident.
That being the relief now pressed in this PIL, the Court directed the Registry to convert this Criminal PIL into Civil PIL.
The Counsel for the Petitioner has drawn attention of the Court to the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013. Under Rule 2(h) of these Rules, competent authority is defined. The counsel states that in the facts of the present case, it is the Tahsildar, under Rule 2(h)(b), is the competent authority.
The circular issued by the Revenue and Forest Department of the State of Maharashtra dated 23 January 2009 is on record. This circular cast responsibility on the concerned Tahsildar to ensure that all conditions of the lease are followed by the lease holder, which includes safeguarding the abandoned mines. The circular also places responsibility on the Tahsildar to ensure that care is taken in respect of abandoned mines and to carry out inspection thereof.
The High Court have gone through the reply affidavit filed on behalf of the Tahsildar, which states that the Circle Officer has personally visited the said 20 mine pits and inspected them and has found that 16 mine pits have been properly fenced and boards have been fixed and only 2 (two) mines are in working condition.
Rejoinder is filed stating that there are still mines abandoned in the said village, which are not safeguarded. Sur-rejoinder is filed by the Tahsildar annexing certain photographs. From the photographs, it is seen that some of the abandoned mines, which are now filled with water, are large in size and therefore, they can be easily avoided. The photographs, however, do indicate that there are certain mines overgrown with vegetation and there, problem of safety could arise.
“In view of series of affidavits filed by both, the Petitioner and the Tahsildar, seeking to place before us the counterfactual position, we are of the opinion that this aspect needs to be looked into by the Collector, Ratnagiri. The office of the Government Pleader will place a copy of the Petition along with reply, rejoinder and the surrejoinder before the Collector, who shall call for a report from the Tahsildar, examine the issue and place the correct position on record by way of an affidavit filed either by him or vetted by him”, the order reads.
Matter is listed on August 02 for further hearing.