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2012 DIGILAW 107 (BOM)

Goa Foundation v. Chief Wildlife Warden Forest Department

2012-01-17

A.P.LAVANDE, U.V.BAKRE

body2012
Judgment A.P. LAVANDE, J. 1. Heard learned Counsel for the parties. 2. Rule. By consent heard forthwith. 3. By this Public Interest Litigation, the petitioner seeks direction against respondent no.1 to undertake rehabilitation of the mine sites within the Netravalli Wildlife Sanctuary that have been declared closed by the Government of Goa pursuant to order of Central Empowered Committee ('CEC' for short) dated 7th November, 2003 and subsequent orders passed by the Supreme Court and CEC. 4. Respondent no.1 has filed affidavit. The affidavit discloses that the Forest Department has conducted an ocular survey of area and has tentatively identified 34 mining leases in Neturlim Wildlife Sanctuary and a tentative restoration plan along with an estimate for restoration has also been prepared. A copy of the said plan has been annexed along with the affidavit. It has been further stated that a duty is cast on every holder of prospecting license or mining lease to undertake phased restoration, reclamation and rehabilitation of the lands affected by the prospecting or mining operations and such holder shall complete this work before the conclusion of such operations and before the abandonment of prospect or mine. It has been further stated that as per the terms of the environmental clearances granted to the lease holders, they are bound to rehabilitate the mines after they cease mining operations. 5. In view of the affidavit filed by the respondent, the cause of action in the present petition no more survives. 6. The statements made in the affidavit by respondent no.1 are accepted. We direct respondent nos.1 and 2 to take appropriate steps for implementation of tentative restoration plan expeditiously. Respondent nos.1 and 2 are further directed to file compliance report every year on or before 30th January beginning from 2013. 7. Writ Petition stands disposed of accordingly.