Bombay High Court
Ganesh Neelkanth Patil vs The District Collector Thane District ... on 13 December, 2023
Author: A. S. Gadkari
Bench: A. S. Gadkari
Osk 11-Wp-2911-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2911 OF 2022
Ganesh Neelkanth Patil ... Petitioner
V/s.
The District Collector,
Thane District & Ors. ... Respondents
Mr. S. G. Kudle for Petitioner.
Ms. Mahalakshmi Ganpathy, A.P.P. for Respondent-State.
Mr. Raviraj R. Paramane for Respondent No.3.
Mr. R.P. Ojha a/w. Mr. Rakesh Dubey for Respondent No.6-Railway.
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 13th December 2023.
P.C. :
1) We have perused Affidavit of Shri Anup Kumar Singh, Principal Secretary, Home Department, Mantralaya, Mumbai dated 7 th November 2023 and Shri K. A. Farooqui, Deputy Chief Engineer, Central Railway dated 7 th November 2023.
1.1) In his Affidavit, Shri Anup Kumar Singh has stated about the crimes registered against the persons indulging into the alleged illegal excavation of sand adjoining to the Central Railway tracks mentioned in the Petition. It is also stated that, the Collector of Thane is taking necessary steps for prevention of illegal excavation/dredging of sand adjoining to the 1/5 ::: Uploaded on - 15/12/2023 ::: Downloaded on - 15/12/2023 22:26:25 ::: Osk 11-Wp-2911-2022.doc Railway tracks, though in a private land. In para No.11 thereof, it is stated that, the Deputy Commissioner of Police, Special Branch, Thane City has issued and published Prohibitory Order vide O.W. Dcp/sb/prohibition/order/ 1658 of 2023 under Section 144 of Criminal Procedure Code. That the Collector of Thane has taken various meetings wherein it has been decided to nominate Sub-Divisional Officer, Thane District as a 'Nodal Officer' for monitoring the illegal mining. The concerned Nodal Officer is also directed to co-ordinate with the department of Railway Authorities, Police, Maharashtra Maritime Board and Mangroves Cell for effective patrolling. 1.2) In his Affidavit Shri K.A. Farooqui has stated that, during the inspection, the Respondent No.6 found the instances of illegal sand mining is occurring outside the Railway area, which is danger to railway tracks and public safety, as it can damage to the Railway tracks formation/bridge, if it starts occurring near to railway formation/bridge. It is found that, at present the Railway bridge and formation are intact and in sound condition. It is further stated that, at few locations, the Railway installed Gabion wall was collapsed and piling done by Railway for formation protection also got tilted at one location which which was suspected because of illegal sand mining and that is happened outside the Railway boundary which lead to erosion/land collapse of nearby area during tidal variation as the dredged land mass pocket pulls the adjacent land mass resulting in continuous erosion. It is stated that, though necessary measures i.e. construction of 2/5 ::: Uploaded on - 15/12/2023 ::: Downloaded on - 15/12/2023 22:26:25 ::: Osk 11-Wp-2911-2022.doc gabion walls, piling along the embankment and laying of tetrapods, cannot guarantee 100% safety against illegal sand mining. That continuous erosion due to sand mining can still damage Railway embankment/bridge even if the said measures are taken.
1.3) In para No. 15 thereof, he has requested this Court to pass suitable direction and Order so that illegal sand mining can be stopped permanently.
2) It is thus clear that, the contention of the Petitioner has been fortified by the Affidavit of Deputy Chief Engineer of Central Railway regarding illegal sand mining adjacent to the Railway tracks mentioned in the Petition, causing severe threat to the Railway tracks, which is the property of Government of India. As noted in earlier Orders, even the Forest Range Officer had also pointed out the said fact and bringing it to the notice of the Government of Maharashtra.
3) Mr.Kudle, learned Advocate for Petitioner today showed us some photographs of the said land mentioned in the Petition, wherein the illegal activity is sand mining/dredging is brazenly being carried out by the sand mafia in the area/locality mentioned in the Petition. 3.1) Mr.Ojha, learned Advocate for Respondent No.6, on instructions, submitted that, the land wherein the illegal sand mining/excavation is being carried out is either private land or land belongs to the State Government and the Central Railway has no control over it.
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Osk 11-Wp-2911-2022.doc 4) It appears to us that, mere formation of committees or directions
given by the higher Authorities to lower Authorities is of no use till today. 4.1) According to us, it is the duty and responsibility of the State to prevent and protect the probable damage or injury to the life and limb of the commuters of the Central Railway.
4.2) In view of the above and the facts mentioned in the Affidavit of the Deputy Chief Engineer of Central Railway, we direct the Principal Secretary to the Home Department and the Principal Secretary to the Revenue Department to immediately adopt strict remedial measures directing all the concerned Authorities under it, to stop all illegal sand mining/dredging activities adjacent to the Railway tracks, more specifically mentioned in the Petition, to protect the probable injury/damage not only to the life and limb of the citizens i.e. commuters at large travelling from the trains on the said Railway tracks but also to the property of Indian Railway. 4.3) The Principal Secretary, Home Department and the Principal Secretary, Revenue Department shall take into consideration the apprehension expressed by the Central Railway towards the erosion of sand/land adjoining to its Railway tracks.
4.4) Both the Authorities are directed to submit its report of compliance to this Court through the learned A.P.P. on or before before 9 th January 2024.
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Osk 11-Wp-2911-2022.doc
5) Stand over to 10th January 2024.
5.1) To be listed under the caption 'For Reporting Compliance'.
5.2) Learned A.P.P. appearing in the present Petition is directed to
communicate present Order to all the concerned Authorities expeditiously.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2023.12.15 18:41:15 +0530 5/5 ::: Uploaded on - 15/12/2023 ::: Downloaded on - 15/12/2023 22:26:25 :::