1 D.B. CIVIL WRIT PETITION NO.2175/2003 MINE LABOUR PROTECTION CAMPAIGN(MLPC) VS. UNION OF INDIA & ANR. Date of Order :: 01-07-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Vikas Balia, for the petitioner. Mr. N.M. Lodha, Addl. Advocate General. Mr. V.K. Mathur, for Union of India. Mr. M. Mridul, Sr. Advocate assisted by Ms. Vandana Bhansali, for the respondent. Heard learned counsel for the parties. This public interest litigation application was filed on behalf of the petitioner Mine Labour Protection Campaign referred as MLPC with a prayer to direct the respondent authorities namely the State of Rajasthan and the Central Government to take necessary steps to apply scientific mining operations so far Makrana Marble Mines is concerned. The further prayer was to protect the right of mine workers and provide them relief for health, safety etc. along with a prayer to constitute a common platform for resolving the problems in between the mine operators and the mine workers. Pursuant to the preceding orders passed by this Court, necessary steps were taken by the respondent authorities and a Committee was also constituted headed by the District Magistrate, Nagaur within whose jurisdiction, the Makrana Marbles Mines is situated. The Committee from time to time suggested safety measures and also the measures for interest of the mine workers. It is not in dispute 2 that the Committee had examined the matter and had given suggestions to the authorities vis.a.vis to mine owners. To safeguard the interest of the writ petitioner as well as the other mine workers, there is a Central Legislature named as the Mines and Minerals(Development and Regulation)Act, 1957. No specific breach of the provision of this Act has been alleged in this PIL application. At the same time, there is also Mine Safety Act to safeguard the interest of the mine operators as well as the mine workers. Even if, there is any breach of the law, recourse may be taken as per the provision of the Act itself and not by filing PIL application. Since there is already a substantive law as referred to above to regulate the mining operations and the developments, in our view, the Court ordinarily need not interfere in the matter unless some breach of the provisions of law is pointed out. At this juncture, we are hearing this PIL application and the matter is also being examined by the Committee constituted by the authorities headed by the District Magistrate, Nagaur. Parallel proceedings, in this view of the matter, should not be allowed to continue since the Committee is alive of the situation and regulatory measures are being suggested from time to time. The writ application, in this view of the matter, need not proceed any more. It is accordingly dismissed. The parties however will be at liberty to raise substantial questions, if any, in case any 3 decision adverse to the interest of the mine workers is taken or in case there is any breach of the regulatory provisions of law as referred to above. [RAGHUVENDRA S.RATHORE],J. [NARAYAN ROY],CJ. Praveen