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2010 Supreme(MP) 1121

S.R.ALAM, ALOK ARADHE
Ajay Dubey – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
In W.P.No. 1574 of 2008 :For petitioner:Siddharth Gupta ; For respondent Nos. 1 to 3, 6, 8 and 9:Naman Nagrath ; For respondent No.4:Ashish Shroti ; For respondent No.5 and 10: Sushrut Dharmadhikari ; In W.P.No.13118 of 2009 :For petitioner: Viplav Sharma with J.P. Shah and Aditya Sharma :For respondent no.1:Siddharth Gupta ; For respondent No.4:Ashish Shroti ; For respondent No.5 to 7: Naman Nagrath ; In W.P.No.13329 of 2009 :For petitioner:Siddharth Gupta ; For respondent Nos. 1, 2 and 4:Naman Nagrath ; For respondent No.3:Ashish Shroti ; For respondent Nos. 5 and 6: Sushrut Dharmadhikari

JUDGMENT : 

S.R. Alam, J.

In these three writ petitions since common question of law and facts are involved and also as agreed to by the learned counsel for the parties, they were heard together and are being decided by this common order.

2. Writ Petition No. 1574/2008 and Writ Petition No. 13329/2009 have been preferred as public interest litigations by one Ajay Dubey describing himself to be Secretary of Environment Friendly Organization- 'Prayatna', mainly with the grievance that number of mines/quarries are being operated illegally across the State of Madhya Pradesh without obtaining the statutory clearances which are mandatory in nature and, therefore, a direction has been sought to stop operation of all such mines which are being run notwithstanding the fact that closure orders have already been issued by the concerned authorities. It has also been inter alia prayed that a High Level Committee be constituted to enquire the matter pertaining to grant of permission for such mining operations.

3. In the other petition i.e. W. P. No. 13329/2009, the validity of sub-rules (1) and (2) of Rule 49 of M. P. Minor Mineral Rules, 1996 (hereinafter referred to as 1996 Rules') which gives























































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