Legal Question in Environmental Law in India

Re: how to stop mining activities from my property

The only remedy as I see is - of filing a writ petition.

Re: how to stop mining activities from my property

It appears that you own the property and have leased a portion of it to another for mining purpose and are residing in the adjoining portion, and that the lessee now wants to start mining activity in terms of the lease agreement, but you want to deny him his right in some legal manner.

I have the followingsuggestions:

1. Give hima notice to stop mining activity in contravention of Metalliferous Mines Regulations 1961-Regulation no 109 and the relevant provisions of ? Forestry Act whereby trees can't be uprooted without prior permissionof appropriate authority.

2. Cancel the lease agreement.

3. Lodge complaint with police/Forest department for felling trees.

4. After the above three actions are taken, consider filinga writ in the High Court.

All the above actions should be taken through an advocate.

Let me know at [email protected] if you need further help.

M C Gupta

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i have ancestral property of about 2.30 hectares situated in Maharashtra in india which is under mining lease granted in 1978. There were no mining activities carried out till 2002. i have constructed my house in the said lease area in 1997 staying with all my 8 family member including two kids less that 2years of age. Lease holder aproach the Collector's office for obtaining permission to carry out mining activities leaving only 25 metres from my dwelling house under Mines and Minerals (Regulation and development Act 1957 and rules framed thereunder. the collector without giving any intimation to me (Occupier) allowed the lease holder to enter into my property for mining excavation. The lease holder entered into my property without intimating me under the Police Protection with heavy earth moving machineries and started dozzing the all my mango and cashew trees. Since they have excavation from a distant of 25 metres, i am facing noise and dust pollution. Under the Metalliferous Mines Regulations 1961-Regulation no 109 states that no mining work should be carried out within 50 meters from any building or constructions for the safety point of view of the building. I do not know wether the lease holder has obtaioned the permision.

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