Supreme Court - Daily Orders
Aditya N Prasad vs Union Of India on 25 February, 2019
Bench: A.K. Sikri, S. Abdul Nazeer
1
ITEM NO.40 COURT NO.2 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 3/2019
ADITYA N PRASAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(I.A. NO. 29513/2019 FOR CLARIFICATION/DIRECTION)
Date : 25-02-2019 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE S. ABDUL NAZEER
For Petitioner(s) Mr. Anand Grover, Sr. Adv.
Ms. Astha Sharma, AOR
Mr. Amit Verma, Adv.
Ms. Dimple Nagpal, Adv.
Mr. Suraj Sanap, Adv.
For Respondent(s) Mr. Tushar Mehta, SG
Ms. Swati Ghildiyal, Adv.
Ms. Shraddha Deshmukh, Adv.
Mr. G.S. Makkar, Adv.
Mr.Amit Kumar, Ad. Gen.
Mr. Avijit Mani Tripathi, AOR
Mr. Shaurya Sahay, Adv.
M/s. Rekha Bakshi, Adv.
Mr. Chetan Joshi, Adv.
Mr. T.K. Nayak, Adv.
Mr. Gp. Capt. Karan Singh Bhati, AOR
Ms. P. Parida, Adv.
Ms. Monika Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2019.02.27 On 08.02.2019, a suggestion was made by Mr. Anand Grover, 15:18:17 IST Reason: learned senior counsel appearing on behalf of the petitioner to the effect that if sufficient number of 100 Horsepower capacity pumps 2 of Kirloskar are airlifted it may solve the problem of de-watering. Mr. Tushar Mehta, learned Solicitor General had accepted the aforesaid suggestion and submitted that these pumps should be airlifted to the nearest point of the site and with the help of the Army authorities, the pumps shall also be installed at the earliest.
We are informed that these pumps had not been airlifted so far. In these circumstances, we again direct that the pumps should be airlifted as early as possible and installed for the purpose of de-watering the mines. It is a matter of record that the incident occurred on 13.12.2018 and more than two months have been passed. We are informed by the learned counsel for the State that more than 11 crores liter of water have been discharged from the mines. It is possible that with the passage of time the aforesaid effort may not bring anything to the situation. Taking the realistic view of this aspect, Mr. Grover submits that the exercise of installing the aforesaid 100 Horsepower capacity pumps of Kirloskar be taken as a last resort even this effort does not bring any results, he will have no objection to the closing of this matter.
On 08.02.2019 this Court had also directed that notice be issued to the mine owner also. So far particulars have been given in the order dated 08.02.2019 the said person was impleaded as respondent no. 7. Notice be issued to respondent no. 7. The responsibility of serving this notice on respondent no. 7 shall be of State of Meghalaya. It is an accepted fact that mining in question which was going on was was an illegal minding and many lives have been lost because of that. Prima facie, therefore, the 3 responsibility and liability thereof rests upon respondent no. 7. Therefore, apart from other actions under criminal law which have been initiated by the State of Meghalaya, this Court shall consider granting compensation to the kith and kins of the persons who lost their lives in the incident. It is for this purpose show cause notice is issued to respondent no. 7.
List the matter on 12.03.2019.
(ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER