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How to sue company engaging in illegal construction and mining


25-May-2023 (In Consumer Court Law)
crushers and mines are running freely and we are being killed by the poisonous habitat made by these crushers and mines.we do not know the reason that why dhenkanal collector is not taking any action against upon these illegally constructed stone crusher and mines?the crusher operators did not follow the siting criteria that a unit should be set up 200 metres from national highway and 500 metres from a village.they did not have the permission to establish the unit nor the consent to operate,but still they are running.They have permission from neither the state pollution control board nor the local revenue authorities.the stone dust are polluting our entire environment.This polluted air also is affecting the plants and forests of this area. Due to various mining activities, the forest cover in this area is gradually decreasing .This is adversely affecting the climate of the region. The temperature during summer is reaching to about 50°C.The stone crusher wastes also polluting the soil.
Answers (4)

Answer #1
733 votes
You cannot sue a company for creating public nuisance.First give a compain petition signing by the vilagers to collector and mining officer.Send a lawyer notice to the company ventilating public grievances to redress time bound.File a PIL in high court making all of them parties.
Answer #2
981 votes
Sir, if your concern is right, lodge a FIR, with copy marked to Superintendent of Police, Human Rights, Chief Justice Orissa High Court, Pollution Control Board and to the CM Grievance Cell. I hope you will get justice. If not, do get in touch, we will plan out.
Answer #3
745 votes
The most appropriate and effective remedy in this matter shall lie before the National Green Tribunal. An application can be immediately filed before the NGT Bench. Recently, similar nature of cases has been covered by a Supreme Court Judgment in 2014 and NGT judgment in 2015, whereby it has been held that it is impermissible to carry mining activities without obtaining requisite permissions and clearances and accordingly interim relief by way of putting a ban on mining activity as well as plying of stone crushers etc.

This is a fit case to be adjudicated in the NGT and the chances of succeeding are remarkably high given the fact that there are good precedents to that effect.
Answer #4
729 votes
You are advise to approach Honorable high Court of Orissa by filing a public interest litigation and you need discuss with the nearest village people to take part in the said proceeding if we prove that it is dangerous to life then success is with us

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