Villagers continue protest,sand miner moves HC

Ishwar Chhotabhai Oad,who holds a lease to mine sand and gravel from Orsang river near Khadakala village in Pavi Jetpur taluka of Vadodara,filed a special civil application through his advocate days after the villagers blocked the road on May 29. The petitioner has made the secretary of the Geology and Mining Department of the state government,the mamlatdar,Vadodara district collector and the Vadodara district development officer (DDO) respondents.

The villagers alleged that the constant movement of the sand-carrying trucks threw out dust which adversely affected their health. Following the villagers agitation,Pavi Jetpur mamlatdar Jaydip Asari issued an oral order on May 30 prohibiting the movement of the sand-laden trucks on the 1.5 km-long road. Before issuing the oral order,the mamlatdar had reportedly taken assurances from the lease-holders in writing that they would agree to alternative routes to transport sand.

Oad,who had himself agreed to an alternate passage for the trucks,has claimed in his petition that the mamlatdar did not have the authority to issue the order and therefore it was illegal.

On June 14 Justice RM Chhaya directed the respondents to file an affidavit justifying their move and if it was backed by any provision of law by June 20. In his affidavit,the mamlatdar stated that he did have the executive power to take action in order to maintain law and order.

“The respondent no.3 (mamlatdar,Pavi Jetpur) herein has acted bonafidely and being the mamlatdar and executive magistrate of Pavi Jetpur,is in charge and in control of place and is also bestowed with a responsibility to maintain the law and order situation at the place,” Asari stated in his affidavit.

He has further said that the movement of the trucks was affecting the health of villagers and therefore the action was required. As of Sunday,it is the 27th day of the blockade and the villagers continue their protest demanding that the mamlatdar issue the same oral order in writing.