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Judgment
B.S. Verma, J.—This review application has been filed for review of the order dated 7-6-2010 on the ground that the Government Order dated 26-3-2010 was not for Kumbh Mela period but it is for ever.
By the order dated 7-6-2010, this Court had observed that the Government Notification dated 29-12-2009 and Notification dated 5-2-2010 specifically mentioned that these Notifications would be in force from 1-1-2010 to 30-4-2010 only. Since the aforesaid period has already elapsed, the writ petition was dismissed as having become infructuous.
I have perused the review application and heard the review applicant (in person).
The contention of the review applicant is that the Government Order dated 26-3-2010 was issued by the State Government thereby completely banning the mining and crushing activities within the Kumbh Mela area for ever.
I have perused the Government Notification dated 29-12-2009 (Annexure-4 to the review application), whereby the Kumbh Mela area was notified and it is also mentioned that the notification would remain in force for the period from 1-1-2010 to 30-4-2010. Thereafter on 5-2-2010, the State of Uttarakhand issued Notification/Amendment in exercise of the power u/s 9(1) of the U.P. Mela Adhiniyam 1938 thereby certain area was included in the Kumbh Mela Kshetra towards southern limit. It is also mentioned in the Notification that the same would remain in force for the period 1-1-2010 to 30-4-2010.
On 18th March 2010, the Government of Uttarakhand (Industrial Development Section) issued a Government Order thereby imposed ban on mining and stone crusher considering the aspects pertaining to traffic/maintenance. This order was issued in continuation of the Government Notification dated 29th December 2009 and Notification dated 5-2-2010.
It appears that the review applicant approached the Secretary (Industrial Development) Government of Uttarakhand to stop the mining and crushing activities in Kumbh Mela Kshetra for ever. The Government after considering the contention of the review applicant, issued Government Order dated 26-3-2010 thereby amending the Order dated 18-3-2010 and completely banned the mining and crushing activities over the notified Kumbh Mela area.
Both the Government Orders dated 18-3-2010 (Annexure-1 to the review application) and 26-3-2010 (Annexure-3 to the review application) have been issued in continuation of Government Notification dated 29th December 2009 and amended Notification dated 5-2-2010. This Court, as has already been held earlier in the order dated 7-6-2010, is of the view that these Government Orders were for a particular period i.e. from 1-1-2010 to 30-4-2010 only.
The contention of the review applicant that the Government Order dated 26-3-2010 had been issued by the State Government independently without restriction of Kumbh Mela period from 1-1-2010 to 30-4-2010 cannot be accepted.
The review application has no force and is, accordingly, rejected.