^ XI-HC—78 ,<< "3^ •<ii4il<'tAi, ottl'y'ito, («iyi'y'j,< <<i«?n th<ira> WI, 200 liiSli TR^' (1*lf^'<<^) sn^i^it R-fi'* ft*. WT <MI^!?T ^>t<icb TOIW^lft? 311^1 4iTtlt^(^'t *iittCT? ^f 1s(A {|^f^T< ^FdlRffl oH^sl Civil Writ Peti jon No.201772005- '-*' PETITIONERS: "Y RESPONDENTS: 1. | Amit Singh Watia, Aged 25 years, son of Lekhraj WaiJa, By Profession Advocate and Social Worker, Resident of Civil lines, Rsipur (CG) Manish Yadav, aged 29 years, Son of Bishambhar Yadav, By Profession Advocate and Sociai Worker, Resident of Idgahbhata, Raipur (CG) -\tersus- 1. 2. 3. 5.1 Union of India, through: the Secretary, Ministry of Surface Transport, Parivahan Bhawan, NewDelhi-110001. State of Chhattisgarh, through Secretary, Ministry of Suiface Transport, Raipur, Chhattisgarh. The State Transport Authority, State of Chhattisgarh, Raipur, Chhattisgarh. Regional Transport AuthQrity, Bilaspur, Chhattisgarh South Eastern Coal Fields Ltd. Having its registered office at Sipat Road, Bitaspur - 495006, Chhattisgarh, Through Sts Chairman and Managing Director XI-HC—78 'y°? •^nwi, atllwis, fsK'iray d<l^<l ^il 1<") W 3TI^?TsF^W .--tL ",/ *II*ICTI thMith---•"------------••••^200 311^1 tra^T ('it»l3«l<i.'<) WIW ^lftff 311^1 -^ Writ Petitich No.954/2006 PETITIONERS: RESPONDENTS: 1. 2. -\/\ 1.1 q)l<1^CT<Hl *t(*ICTf^f f®'<l<f<lt$f< ^ sifim 3ff^?r ^ND M. Rajsekhar, aged 33 years, Son of Dr. M.S.N. Sharma, By Profession, Advocate, R/o Wardens Bungalow, Medical College Campus, Jail Road, Raipur (CG) Om Prakash Nirmalkar, aged 30 years, Son of Shri Hiradhar Nirmaikar, By Profession Advocate, R/o Pandritarai, Raipur (CG) prsus- Union of India, Represented by the Secretary, Ministry of Sarface Transport, Govt. of India, New Delhi. State of Chhattisgarh, Represented by (a) The Principai Secretary to the Government of Chhattisgarh, Department of Sarface Transport, D.K.S. Bhawan, Mantraiaya, RaipurC.G. and (b) bythe Prjncipa! Secretary to the Govt. of C.G., Department of Mines and Mineral Resources, D.K.S. Bhawan, Mantralaya, Raipur, C.G. The Coliector, Korba, C.G. XI-HC—78 'SVSf -q|t||c|q, sifllwKo, [s|<yll'M^< *iiNciTa»*n^ "WI. 200 3n^i i^'n (1pf3^S?) sii^r ?n f4-<i<* 'TOT3TI^TsFWF <t*i«(^<i1i *i)*i<*if f^ fe%t ^nt^K ^i <4f(tlt <W^31 ^ x 4. 5. 6. (Writ Petition under Articles 2 Division Bench: Hon. Shri Dhirendra Mishra & Hon. Shri R.L. Jhanwar. JJ. 8-4.2009:- The Regionat Transport Authority, Bilaspur, C.G. The Registering Authority, D.T.O- Korba, C.G. South Eastern Coal Fields Ltd. a Public Sector undertaking of the Govt. of India in the ministry of Coal, Seepat Road, Bilaspur, through ' the Chairman-cum- Managing Director, Biiaspur, C.G. 26/227 ofthe Constitution of India) Shri B.P. S'narma, counsel Miss Sharmila Singhai, Ass No.1 Shri U.N.S- Deo, Govt- Adv< Shri P.S. Koshy, counsel fo| Shri Amrito Das, counsel foi The aforesaid writ petitionsi order, es the petitioners of both| Public Interest Litiaation Petitions fjir the petitioners. listant Solicitor General for respondent [icate for respondents No.2 to 4. respondent No.5. Khe intervener. |are being disposed of by this common |these petitions have filed the Instant ^,nd prayed forthe following reliefs:- '^ M-HC—78 "3'^ •<<i<iici<(, anly're, (qcii'My HiHwr a>*ii<»> "^ 200 sn^r 'T^R' (ij<i{^«i<,4) 311^1 ^ir !<-) w sii^r jfit<i<* •^ V ^<yi*a< ^<i ofl^i "(a) issue a writ of prohibi' or direction restrainini any vehicles to be o the mining areas and toSECLorwhitetravi (b) (c) issue a writ of mani order or direction dir ensure that no over 1 other vehicles are al premises of the Res mahpower within the direct the Respondf measures to prevent In the State of Chhatt pass an appropriate State Govt. to take avaitabiijty of pubiic hardship of the. o Chhattisgarh who s vehicieson adaytoii q»r<(t?f<fliffw^ ^ffe^ <R> $I< "^stRpTan^CT |on or any other appropriate writ, order ^ the Respondent No.5 from permitting 'fer ioaded for transport of coa! within for the roads/iand owned by or teased ^ting from SECL to any outside piace; iamus or any other appropriate wnt, icting the Respondents Nos.1 to 3 to baded trucks, dumpers/trippers or any bwed to ply whether in or outside th^ sondent No.4 and to deploy sufficient aremises of SECL to ensure the same; ints .Nos.1 to 4 to take appropriate 3verioading of public transport vehicles sgarh; writ or order or direction directing the appropriate steps to ensure sufficient transport vehicles for meeting the immon populace of the State of re in need to use public transport lay basis; t«<W M-HC—78 'S^ •^l^lcl^, ®tilwi<o,(qMl^y . *it*«nia>*<i<h ------------------Tg^ ^QQ 3lI^T'iRT ('^?f3^t() 3II^[ ^I R-O* WT3fn^Tsftll w wnw^ifeian^i t>i<((<'i'ili iwcff^f'feat <[»i<^ii ^? o4fii*< ^n^yi •L '--> '^- (e) issue a writ, order or agency such as CBI over toading of coal s t.he erring officials wl place along with the driver of the concerne manner and t.o make Hon'bleCourt. (f) issue an appropriat Respondent No.5 to companjes the savi transporting the ovei same from the salarie! (g) issue sn appropriate enquiry into the asse the fam'ily members a an asset disproport provisions of Preventii (h) pass any other or fur Court deem fit and or( directlqn appointing an independent to enquire into the matter retating to nd to take appropriate action against ro have permitted the same to take pwners, directors and trucks/vehicles ;) transport companies in a time bound a report of the findings before this ° writ, order or direction to th& [ecover from the concerned transport pgs made by such companies in ioaded coa! and/or to recover the ^ and assets ofthe erring officials; writ, order or direction ordering an |s of the erring officlals of SECL and pd to proceed against those who have lonate to their income under the i*n of Corruption Act read with IPC etc. her order or direction as this Hon'ble iper in the interest of justice." ^Mes XI-HC—78 "3FS[ »<<|A||<t^ »talwi6,fa|<tWl,< *ii*«ni(h*<ith •W^ 200 sti^n 'q^p ('^ri3«is?) diiSi!i vi h'fi'k wsn •^Jt\ »*ri^> 'liWlrill-f iii<'if^fft'IA <Rlt(l< "^? 3if?TO 3n^3ff "):. / .4 Bawe Shri B.P. Sharma, leamed submits that in compliance of th^ has submitted compliance report] The State has slso detailed nunt>er Department to ensure complianc^ detajled in the compliance report, achieved for the present. Shri P.S. Koshy, !eamed c<| also submits that SECL is extra truck by coal soid by SECL is curq foilowed that the law regarding ov( !n view of the submissiod parties, these petitions are disposj The amount of security, il| petitioners,; DhirendralVlishra Judge counsel appearing for the petitioners, directions dated 24-1-2008 the State dated 31st January, 2008 on affldavit. of actions taken by the Transport of the directions. In view of the facts the purpose of instant petitions stands iunse! appearing for respondent No.5, k/igilant to ensure that oyer loading of jed and necessary measures are being irloading of truck is not flouted. |s made by tearned counsel for the ^d of. deposited, may be refunded to the Sd/- R.L. Jhanwar Judge ^JSf:iii^T IdAtf rw-\i