A bench headed by Justice Abhay Oka also questioned the locus standi of the petitioner in challenging the issue in court.
The petition was filed by Sindhu Bhoomi foundation and its chairman Pramaod Jathar who is also BJP MLA from the area, where mining has been banned.
On August 16, 2010, the Union Forest and Environment Ministry had banned mining in the two districts as it was causing ecological damage in the area.
The petition challenged orders of both the governments and also the recommendation of the expert panel to ban mining. It argued that because of the ban on mining and sand mining, stone quarry business had come to a halt resulting in unemployment among local people.
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Laterite stone which is used to construct houses in Konkan region is not available due to ban on mining and hence all infrastructure projects in the region have suffered a set back as they were either lying incomplete or unable to take off, the petition argued.
The bench, on March 27, also warned the petitioner that if it continued to file such petitions without having powers to do so under its constitution, then the court would have no alternative but to order an inquiry on this aspect.