Judgment : F.M. Reis, J. 1. Heard Mr. S. N. Joshi, learned counsel appearing for the petitioners and the learned counsel appearing for the respective respondents. 2. The above petition came to be filed in public interest espousing the cause of the farmers of Surla Village due to the mining activities undertaken by the respective mine owners namely respondent nos. 8, 9, 10, 11, 12, 13, 14 and 16. This Court passed an interim order on the basis of the minutes of the order which were duly signed by the concerned parties. The said minutes of order is dated 08.08.2007 and reads thus: (1) The learned counsels appearing for the Respondent no. 8 to 14, 16 and 17, state that the balance portion of the Nullah up to the bayem bridge remaining to be de-silted, shall be completed on or before 30th May, 2008. The learned Advocate General assures the Court that the Executive Engineer/Canal Officer of the Water Resources Department, shall supervise such balance work of de-silting and file a report in this Court by 15th June, 2008. (2) The respondent no.3 shall file before this Court within a period of three weeks from today a comprehensive list of suggestions containing ways and means for preventing or reducing recurrence of any silt seeping or flowing into the nullah and Agricultural lands. Respondent nos. 8 to 14, 16 and 17 agree and undertake to implement the suggestions of Respondent no.3. 3(A). It is further directed that all mining companies operating in Surla Village shall carry out and undertake adequate protective measures such as provisions of catchment drains, providing of protective walls and settling ponds with laterite boulder walls for silt arrestation/check dams in between as also for afforestation of the non-active dumps. Respondent no.3, shall ensure that these directions for protective measures are carried out by all the mining companies within a period of one year; and will also ensure that the suggestions of Respondent no.3 given as per para (2) above; are implemented; within a time bound schedule under his own supervision. (3)(B) It is made clear that the criteria for payment of compensation under this order shall be followed for one year; subject to and until, all adequate measures are undertaken as enlisted in Para (3A) hereinabove. (3)(B) It is made clear that the criteria for payment of compensation under this order shall be followed for one year; subject to and until, all adequate measures are undertaken as enlisted in Para (3A) hereinabove. If on inspection carried out subsequent to compliance with directions contained in Para (3)(A) above; it is found that the discharge/flow of silt is arrested/reduced; orders accordingly will be passed after hearing all parties. (4) Further, under an Affidavit dated 4th July, 2005, at page 431 of this Writ Petition compilation, the Deputy Director of Agriculture (WS), being a member of the Committee, has filed a report of the Committee constituted by Government Order dated 5th April, 2005 to evaluate the estimated crop loss suffered by farmers from 1993 to 2004. In their conclusions and recommendations, measures have been suggested by the said Committee including compensation, its extent and for compensatory measures for different plantations and crop coverage. The learned counsel appearing for the mining companies who are parties herein, have stated that they have worked out the proportion of sharing the compensation amount; accruing from the year 1st April, 1993 till 31st March, 2007. (5) Under an Affidavit dated 6th October, 2006 filed by the Zonal Agricultural Officer, Bicholim, at page 523 of this petition, estimates of crop loss in Village Surla of Bicholim Taluka, for the year 2004-05, has been worked out insofar as 761 occupants are concerned. The respective crop loss and the area covered within their survey numbers, has been mentioned therein. (6) Respondent no.8 to 14 agree and undertake to deposit in this Court on or before 30th August, 2007, the compensation worked out in accordance with the report of the Committee payable to each of the 761 occupants in respect of their cultivable area, the agreed share percentage is as below :- The Zonal Agricultural Officer (ZAO ) has filed an Affidavit on 6.10.2006 submitting a Report of estimated compensation payable which, at pages 525 to 546, shows the survey numbers of properties, names of owners/tenants wherever submitted, names of applicants, area in square meters, and estimated compensation for the year 2004-05 in Rupees which totals to Rs.26,18,720/- in respect of an area of 542.8 hectors said to be occupied by the 761 affected occupants the Respondent nos. 8 to 14 agree, albeit without prejudice, and subject to deductions claimed as mentioned below, to bear the compensation amount for the years 1993-94 to 2006-07 calculated at the rate of Rs. 26,18,720/- per year in following proportion especially worked out to resolve the issue of payment of compensation arising in this Petition amicably and without setting a precedent or binding the Respondents companies to such percentage of sharing in any manner in respect of any proceedings other than this Petition viz., Respondent no.8 – 23.34% or say Rs.85,56,930/-, Respondent no.9 – 23.33% or say Rs. 85,53,263/-, Respondent no.13 – 23.33% or say Rs.85,53,263/-, Respondent no.11- 10% or say Rs.36,66,208/-, Respondent no.12 – 10% or say Rs.36,66,208/- and Respondent No.14 – 10% or say Rs. 36,66,208/-. (6)(a) It is agreed that after the amounts are deposited in this Court as per para (5) herein above the amounts paid by the Mining Companies to the Occupants/Owners of the areas from the period 01.04.1993 to 31.03.2007; shall be deductible and adjustable. This will be done; only after providing documentary proof of payment of compensation on earlier occasions. (6)(b) It is also agreed that in the event any Mining Companies have purchased or otherwise acquired any property or any part thereof; than the compensation payable to Owners/Occupants shall from the date of such purchase/transfer will also be deductible/adjustable from the amount deposited in this Court under clause (5) if such purchase/transfer is effected by registered document and upon production of such registered document. (6)(c) Deputy Collector/Sub-Divisional Magistrate, Bicholim, is hereby appointed as Court Commissioner for the purpose of drawal and disbursement of the amounts deposited under this order. (6)(d) The amount so deposited by the mining companies in this Court, shall be disbursed only to the respective Occupants/Owners for their respective areas towards crop loss and such disbursal shall be made by the Dy. Collector upon individual verification and identification and by following the normal procedure for disbursement of the amount including receipts etc. (7) With the payment of the aforesaid compensation since the year 1993, the obligation of the mining companies as regards the de-silting of silts in fields, crop coverage areas; is hereby discharged. Collector upon individual verification and identification and by following the normal procedure for disbursement of the amount including receipts etc. (7) With the payment of the aforesaid compensation since the year 1993, the obligation of the mining companies as regards the de-silting of silts in fields, crop coverage areas; is hereby discharged. The learned counsel for the petitioners makes a statement that in view of the aforesaid, they do not press for the reliefs as regards desilting of silt which as per the Committee's report, is also a difficult job likely to encounter various practical difficulties. (8) The learned Advocate for the petitioners has raised before us the issue of shortage of water faced by some of the farmers on account of accumulation of silts in the agricultural properties. The petitioners or any Lift Irrigation Society formed by affected farmers are given liberty to approach the Respondent No.3 with the request for installation of water pumps so as to draw water from the Nullah. The Respondent No.3 shall consider the request if made by the Petitioners, favourably and expeditiously. (9) The Respondent No.16 herein shall coordinate between the Deputy Collector and all the mining companies. (10) In the event there is any difficulty of any nature in giving effect to the directions herein issued, the parties shall be at liberty to approach this Court with a civil application for appropriate reliefs. This order is passed without prejudice to the rights and contentions of any of the parties herein. (11) The learned Counsel for the petitioners has made a statement that he has filed an application as regards additional list of cultivators/occupants who are affected. This list is seriously disputed by the other learned Counsel appearing for the Respondent Mining Companies. (12) It is agreed that the Petitioners or any affected farmers of Village Surla, Bicholim Taluka; other than those from 761 farmers mentioned in the report at page 525 of this compilation may approach the Zonal Agricultural Officer with an application raising a claim. The said claims in all respects, shall be verified by the Zonal Agricultural Officer, Bicholim, including the fact whether these were cultivable areas, are being cultivated or they are unable to cultivate the same for reasons of accumulation of silt, including the nature of loss, the extent of loss and the quantum thereof. The said claims in all respects, shall be verified by the Zonal Agricultural Officer, Bicholim, including the fact whether these were cultivable areas, are being cultivated or they are unable to cultivate the same for reasons of accumulation of silt, including the nature of loss, the extent of loss and the quantum thereof. It is agreed that the Zonal Agricultural Officer, Bicholim, in the event such an application is made before him by the petitioners, shall inspect the said areas after giving prior notice to all the respondents herein and the petitioners and thereafter proceed to determine the amount of compensation in terms of the report of the Committee at page 432 of this compilation; and after hearing all the mining companies herein; submit his report in the matter and file the same before this Court as expeditiously as possible with advance copies of such reports to all parties in this petition. Upon receipt of such report by the Zonal Agricultural Officer, Bicholim, this matter may be placed for further directions. (13) The Deputy Collector, Bicholim and the mining companies may file their compliance reports on or before 15th September, 2007 in order that the matter be listed in the third week of September, 2007. (14) All undertakings given herein are accepted. Petitioners, all other recipients of compensation, and persons claiming through or under them; shall cooperate with mining companies Respondent No.16 and 17, Zonal Agricultural Officer (ZAO) and Deputy Collector in giving effect to the directions contained in this Order and shall not in any manner hamper any kind of mining activities/operations including activities at dumps; by the mining companies. 3. We have extensively heard Mr. Joshi, learned counsel appearing for the petitioners and the learned counsel appearing for the respective respondents on the follow up and the compliance of the directions in the said minutes of order. Upon hearing the learned counsel, we find that it is not in dispute that the dispute with regard to the payment of compensation to 761 farmers for the damages suffered by them on account of the mining activities as well as the need of de-silting of the nalla which caused impediments to the cultivation activities by the said farmers has been duly redressed by this Court while passing the said order dated 08.08.2007. In terms of the said order, the mining companies have deposited in this Court the total sum of Rs.3,40,00,000/-(Rupees Three Crores Forty Lakhs Only). The said minutes of order further contemplated that the parties are at liberty to approach the concerned Dy. Collector at Bicholim with their respective claim for damages and the amount is to be disbursed by the Dy. Collector from the said amount after the mining companies were duly notified. The records further reveal that in terms of the said order only a sum of Rs.16,00,000/-( Rupees Sixteen Lakhs Only ) has been disbursed and the remaining amount is still lying in deposit in this Court. Mr. Joshi, learned counsel appearing for the petitioners has pointed out that the remaining farmers besides the one who have collected the amount have in fact filed applications before the Dy. Collector for such recovery of the amounts but however, on account of inter-se disputes between the respective parties an inquiry as contemplated in the said order has not been completed. The learned counsel further pointed out that the amount which continues in deposit in this Court may be ordered to be further invested in the nationalized bank and such farmers be given liberty to withdraw the amount after such adjudication by the concerned Dy. Collector. The learned counsel appearing for the mining companies submit that as far as the said amounts is concerned, the same may be ordered to be disbursed after the concerned farmers approached the Dy. Collector for their claim and the same are duly adjudicated in accordance with law. Hence, as far as the amount lying in deposit in this Court, such amount shall be disbursed to the remaining farmers who have not collected the amounts after the appropriate inquiry as contemplated in the minutes of the order has been conducted by the Dy. Collector. 4. Next grievance raised by the petitioners is with regard to the de-silting of the nalla located at the site. As far as the said aspect is concerned, in the minutes of the order, it is inter-alia provided that such work of de-silting of the nalla would be carried out by the respondent no.16 at the cost of the mining companies. Mr. As far as the said aspect is concerned, in the minutes of the order, it is inter-alia provided that such work of de-silting of the nalla would be carried out by the respondent no.16 at the cost of the mining companies. Mr. Supekar, learned counsel appearing for the respondent no.16 has pointed out that the length of the nalla is about 10.5 km and according to him the de-silting work in respect of nearly 7.5 km has already been completed. The learned counsel further pointed out that as far as the remaining portion is concerned, such work could not be completed as there were objections raised by the respective farmers who failed to render necessary co-operation. Mr. Joshi, learned counsel appearing for the petitioners upon instructions states that the concerned farmers shall not raise any objections with regard to such desilting work by the respondent no.16 to ensure that the whole length of the nalla is duly de-silted in terms of the minutes of the order dated 08.08.2007. Accepting the said statement of Mr. Joshi as un undertaking to this Court, we dispose of the said grievance of de-silting of the nalla of the petitioners by directing the respondent no.16 to complete such de-silting of the nalla in January, 2015 under the supervision of the respondent no.3 after being duly intimated. It is however made clear that the concerned farmers shall not raise or cause any impediment in such work being undertaken by the respondent no.16. 5. Mr. Joshi, learned counsel appearing for the petitioners has however pointed out that though the desilting work has already been completed to the extent of 7.5 kms, nevertheless, according to him, there is further accumulation of the silt in the nalla which requires further operation of de-silting of such portion of the nalla. Mr. Lotlikar, learned Senior Counsel as well as the other counsel appearing for the mining companies have pointed out that as far as such de-silting work of nalla is concerned, the mining companies shall jointly undertake such de-silting work through the respondent no.16. Needless to say, the costs for such exercise shall be borne jointly by all the mining companies in the proportion specified in para no.06 above. Accepting the said statement of the learned counsel of the mining companies, the said grievance of the learned counsel appearing for the petitioners stands accordingly redressed. 6. Mr. Needless to say, the costs for such exercise shall be borne jointly by all the mining companies in the proportion specified in para no.06 above. Accepting the said statement of the learned counsel of the mining companies, the said grievance of the learned counsel appearing for the petitioners stands accordingly redressed. 6. Mr. Joshi, learned counsel appearing for the petitioners further pointed out that the compensation which has been deposited is in respect of damages suffered up to the year 2007 and according to him, there are further damages suffered by the petitioners on account of the mining operations by the said companies. Mr. Joshi, learned counsel appearing for the petitioners further pointed out that as such it would be appropriate to direct the mining companies to deposit an additional amount in this Court. Mr. Lotlikar, learned Senior Counsel as well as Mr. Diniz, and Mr. Usgaonkar, learned counsel appearing for the mining companies have pointed out that the question of further depositing any amount would not arise but however, it is fairly accepted by the learned counsels that in case any of the farmers whose cultivations or crops are affected on account of any such mining operations of the said companies such parties are always at liberty to exercise their remedy in terms of Section 36(4) of the Land Revenue Code before the concerned Dy. Collector. The learned counsel further pointed out upon instructions that in case any adjudication on such claims by the Dy. Collector after hearing the concerned mining companies they shall pay the amount within one month after such adjudication in accordance with law. Accepting the said submission of the learned counsel of the respondents and giving liberty to the concerned farmers to approach the Dy. Collector in terms of Section 36(4) of the Land Revenue Code, we find that the grievance of Mr. Joshi, learned counsel appearing for the petitioners stands accordingly redressed. 7. Another contention raised by Mr. Joshi, learned counsel appearing for the petitioners is that in terms of the minutes of the order of this Court, the Zonal Agricultural Officer has prepared a report assessing the damages suffered by the remaining 480 farmers on account of the mining operations by the mining companies. It is not in dispute that the said farmers have not approached this Court nor laid any claim for such compensation. It is not in dispute that the said farmers have not approached this Court nor laid any claim for such compensation. But however, such farmers are always at liberty to approach the Dy. Collector to get their damages assessed on account of such mining operations by the mining companies which the Dy. Collector shall determine after hearing the mining companies in accordance with law. In case any such assessment of damages, the respective mining companies shall comply with such orders within one month from the date of such order. 8. As far as the amount which is lying in deposit in this Court, the concerned farmers who have not collected the amount are at liberty to approach the Dy. Collector in terms of the said minutes of the order dated 08.08.2007 and after such adjudication, the concerned farmers are at liberty to approach the Registrar (Judicial) of this Court to recover the respective amount. The present case is in fact a public interest litigation to expose the cause of the farmers of the concerned Village who are being affected with their cultivation operations in their respective properties. The concept of public interest litigation is essentially to bring justice to the persons who are being deprived to carry out their activities and as such unable to approach the Court. In the present case, this Court has intervened in the above petition essentially to eliminate the suffering of such person and award compensation to the petitioners who have been suffering on account of mining operations being carried out by the respondents/mining companies. We accordingly record our appreciation of the assistance rendered by the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents in minimizing the suffering of such farmers like the petitioners herein. 9. We have accordingly disposed of the above Writ Petition in terms of the aforesaid directions. Liberty to the respective parties to move this Court in case of any difficulty or any subsequent events. Rule stands disposed of in terms of the minutes of order as modified hereinabove. In the meanwhile, the Registry is directed to continue the investment of the amount deposited in this Court in fixed deposit with the nationalized bank of the remaining amount and such amount be renewed from time to time subject to the above.