HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. WP. (P.I.L.) No. 5557 of2008 PETITIONERS 1. Kunjram Patel, S/o Shri Khageshwer Patel, Aged about 76 years, Occupation-Farmer, R/o Village Gorra Tahsil and Dist. Raigarh (C.G.) 2. Suraj Charan Patel, S/o Shri Mukund Ram Patel, Aged about 76 years, Occupation — Farmer, R/o Village Gorra, Tahsil and Dist. Raigarh (C.G.) 3. Kamta Prasad S/o Shri Dev Singh, Aged about 38 years, Occupation — Farmer, Rlo Village Gorra, Tahsil and Dist- Raigarh (C.G.) 4. Puniram Patel, S/o Shri Harlcharan Patel, Aged about 62 years, Occupation —- Farmer, R/o Village Pachera, Post Tarapur, Tahsil and Dist.— Raigarh Raitarai, Post Gorra, Tahsil and Durg. (C.G.) 6. Sahebram Sahu, S/o Dukhiram Sahu, Aged about 37 years, Occupation — Farmer, R/o Village Kowatal, Post- Putkapuri, Tahsil and District Raigarh (C.G.) 7. Chhattar Singh Patel, S/o Mukund Ram, Aged about - 52 years, Occupation - Farmer, R/o Village — Raitarai, Post - Gorra, Tahsil and District Raigarh (C.G.) Versus The State of Chhattisgarh through Secretary, Department of Commerce & industries, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) A RESPONDENTS (C.G.) 5. Murlidhar Dwivedi, S/o Shri Dilip Dwivedi, Aged about 50 years, Occupation — Farmer, R/o Village 2. Secretary, Chhattisgarh Environment Conservation Board, Tilak Nagar, Shiv Mandir Chowk, Main Road, Avanti Vihar, Raipur (C.G.) 3. Co—ordinator, State Investment Promotion Board, Raipur (C.G.) 4. Regional Officer, Regional Office, Chhattisgarh Environment Conservation Board, Dist. Raigarh (C.G.) 5. District Trade and industries Centre Through its Director, District Trade and Industries Centre, Distt. Raigarh (C.G.) 6. Collector, Raigarh, District Raigarh (C.G.) 7. Additional Tahsildar, Sub Division —- Raigarh, Dist. Raigarh (C.G.) 8. Messrs Patni projects Private Limited, Through its Managing Director, 302-304 Regent Chambers, Nariman Point, Mumbai — 2i , Office at Village — Gorra, Dist.- Raigarh (C.G.) Writ Petition under Article 226/227 of the Constitution of India Present : Ms Deepaii Pandey, learned counsel for the petitioners. Shri Prashant Mishra, learned Advocate General with Shri UNS Deo, Government Advocate for the State! respondents No.1 to 3, 5 to 7. ORDER (30m September, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. 2) The petitioners, who residents of village Gorra, Pachera, Kowatai and Raitarai of district Raigarh have tiled this writ gaat petition styled as ‘Public Interest Litigation' for the following reliefs : “10.1 That, this Hon'bie Court may kindly be pleased to issue appropriate writ quashing the entire proceeding for the estabiishment of the proposed Patni Project at Village Gorra. 10.2 That the Hon’bie Court be pleased to direct to stop any further destruction in the region in the name of industrialization on account of increasing pollution and degradation of fertile land. 10.3 That, the Hon’bie Court be pleased to direct the state authority not to use the arable cultivable lands of the region as project site. 10.4. That, the Hon’bie Court be pleased direct the state authority not to use the arable cultivable lands of the region as project site. To pass any other direction/order after evaluating the facts & grievances of the petitioner/villagers.” 3) The matter relates to proposed establishment of Patni Power Project at village Gorra. 4) During the course of hearing ittranspired that, no land, so far has been transferred to respondent No.8 for the proposed establishment of the power project. The matter in regard to the allotment is still pending before the Additional Tehsildar, Raigarh and the next date fixed in the matter is 06.10.2008. lt is also apparent from the record that the residents of village Gorra, Raitarai, Pachera and Kowatala have submitted their objections before the Additional Tehsildar. 5) As the land is yet to be transferred to respondent No.8 for establishment of the Patni Power Project and the residents of petitioners’ villages have already raised their objections before the competent authorities and the authorities are yet to take a decision in the matter, we decline to entertain the writ petition flied by the petitioners as ‘Public interest Litigation’ at this stage. 6) The writ petition, therefore, fails and is herehy dismissed. T. “ Sd/- " f‘i'Sunil Kumar Sinha i ‘ Sd/- l ‘ Chief Justice ‘ l Judge