1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.827 OF 2011 Ramesh Shivaji Upadhyay Petitioner versus The State of Maharashtra Respondent Mr.Arfan Sait, Amicus Curiae for petitioner. Mrs.M.H.Mhatre, APP for State. CORAM : A.M.KHANWILKAR AND P.D.KODE, JJ. DATE : 3rd October 2011 PC : 1. This petition is received through jail. The principal grievance in this petition, is that, due to illegal mining activities, air pollution is caused in and around Taloja Central Prison. The petitioner is kept as under trial prisoner in the said prison. According to the letter petition, the high pollution level around the said Jail was causing health problems to the petitioner. In that backdrop it has been prayed that appropriate authority be directed to take corrective and remedial measures to stop air pollution due to illegal mining activities near Taloja Central Prison and further the petitioner be transferred to Yerwada Central Prison on humanitarian grounds. 2. During the pendency of this petition, appropriate authority under the provisions of Explosives Act and Explosives Regulations has issued orders as a result of which seven mining quarries have been sealed. Consequent thereto, the mining activity has been 2 stopped completely in and around Taloja Central Prison. That report has been submitted by Collector, Raigad which is accompanied by supporting documents. In addition, Maharashtra Pollution Control Board has already submitted its report regarding status of air pollution in the area dated 2nd August 2011 which states that from the analysis report of ambient air and water, the parameters are within limit except total coliform and fecal coliform of well and tap water. Well water is not in use on regular basis. CIDCO authority is providing water to prison and suitably instructed for safe water supply. 3. Considering the above, the main cause stated in the petition having been redressed and air pollution level in the area is well within the prescribed limits, the petition deserves to be disposed of with liberty to the petitioner to pursue his request for transfer from Taloja Central Prison to Yerwada Central Prison. That request can be considered by the appropriate authority or the concerned Court on its own merits in accordance with law, after conclusion of the trial pending before the MCOC Court, at Mumbai. 4. A copy of this order be forwarded to the petitioner who is in jail for information. The Court expresses word of gratitude for the able assistance given by the Amicus Curiae to espouse the cause of the petitioner. The writ petition is disposed of. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)