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2015 DIGILAW 3591 (ALL)

Vinod Kumar v. State of U. P.

2015-11-19

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT The grievance which has been urged in the petition which has been filed in the public interest is in respect of illegal mining which is alleged to be carried out in Gata Nos.38-Kha, 40, 47, 49, 59, 73, 74, 75, 76, 77, 93, 332, 333, 353, 183-Sa, 321, 200/363 of area 2.266 hectare in Village Dikhtoli, Tehsil Shikohabad, District Firozabad. 2. On 21 August 2015, the Division Bench noted that the reports about illegal mining have been published in the newspapers and the petitioner had also in his possession a video compact disc showing the nature of the illegal mining activities. The Court observed that a number of tractor trolleys and JCB machines were deployed for the said purpose and such illegal mining is not only causing loss of public revenue but is also resulting in serious environmental damage. 3. This Court by an order dated 21 August 2015 required the Collector and the District Magistrate, Firozabad to conduct a detailed enquiry and file his personal affidavit in response to the averments contained in the writ petition. On 8 September 2015, the time was extended for filing a personal affidavit. Subsequently, on 22 September 2015 when the petition came up, no affidavit had been filed. Once again, the Court extended the time till 6 October 2015, failing which, it was directed, the Collector and the District Magistrate shall personally remain present before this Court with all necessary documents. 4. The affidavit which was filed refers to a report of the Sub-Divisional Magistrate dated 24 February 2014 finding that illegal mining was being carried out in Arazi No.76-M following which, the District Magistrate passed an order on 12 June 2014 and issued a recovery certificate on 26 July 2014. The affidavit further refers to a report of the Sub-Divisional Magistrate dated 7 July 2014. The Collector and the District Magistrate has also annexed at Annexure-5 to his counter affidavit the details of amounts realized on account of action taken against those involved in illegal mining. 5. On 6 October 2015, this Court observed that the affidavit of the Collector and District Magistrate did not indicate that any enquiry was conducted by him after the passing of the order of this Court dated 21 August 2015, since the material which was relied upon in the counter affidavit referred to an enquiry which was held on 7 July 2014. In these circumstances, this Court was constrained to issue a notice to show cause to the Collector and District Magistrate, Firozabad and to explain why steps should not be taken against him under the Contempt of Courts Act, 1971. This Court also directed the Secretary (Mines) to immediately conduct an enquiry personally into the allegation of illegal mining, as stated in the writ petition. The petitioner was directed to make available to the Secretary (Mines) such additional material upon which reliance has been placed, including the video compact disc which was referred to in the order of this Court dated 21 August 2015. Time was granted to the Secretary to complete his enquiry within a period of four weeks. The Secretary (Mines) has filed an affidavit before this Court dated 17 November 2015. He has stated that on 23 September 2015, he was deputed as Observer by the State Election Commission for the purpose of the Panchayat Election at Ballia and in that context, he was in Ballia on 6 October 2015 up to 2 November 2015. 6. In the meantime, the Director, Geology and Mining by an order dated 8 October 2015 constituted an enquiry team of four members. The enquiry team visited the site in the presence of the petitioner and submitted its report on 16 October 2015. The report of the enquiry team which has been extracted in the affidavit of the Secretary (Mines) states as follows: "(a) On Gata no.50, measuring 2.028 Hectares, situate in Village Dikhtauli, Pargana & Tehsil Shikohabad, District Firozabad, is a grass land and the said land is in the form of Sandy Ravines, and 'sheesham' trees are standing, which are 3 to 4 years old. The Enquiry Team further observed that during the rainy season, soil erosion takes place from the ravines and on such land 3 to 4 years old trees are standing. The presence of grass was also seen on the land. The Petitioner Shri Vinod Kumar orally informed the Enquiry Team that after filing of the Public Interest Petition, no mining operation is being carried out by any one. Hence the subjected area becomes the like forest (Civil Forest). The presence of grass was also seen on the land. The Petitioner Shri Vinod Kumar orally informed the Enquiry Team that after filing of the Public Interest Petition, no mining operation is being carried out by any one. Hence the subjected area becomes the like forest (Civil Forest). On the basis of aforesaid observation, the Enquiry Team came to the conclusion that on said Gata no.50, which is a grass land, there is no sign of mining operation since past 5 years; (b) The Enquiry Team also inspected plots no.38-Kha, measuring 0.016 Hectares, no.40 measuring 0.016 Hectares, no.47 measuring 0.081 Hectares, no.49, measuring 0.032 Hectares, no.59, measuring 0.109 Hectares, no.73 0.0891 Hectares, no.74 0.004 Hectares, no.75 0.028 measuring Hectares, no.77 measuring 0.004 Hectares, no.93 measuring 0.028 Hectares, no.321 measuring 0.024 Hectares, no.200/363 measuring 0.077 Hectares are up and down land, having grass all over, containing ordinary earth and there was no sign of any mining operation carried out during past; (c) Plot no.332, measuring 0.057 Hectares and no.333, measuring 0.049 Hectares had been old ponds and there is no sign of any mining operation. On Gata no.353, measuring 0.166 Hectares, there are so many old trees standing on the land and one small room was also found to be constructed; and there was no sign of any mining operation. On plot no.183 Sa, measuring 0.202 Hectares, primary school Dikhtauli and inhabitants of the village were found; (d) Gata no.76, measuring 0.0523 Hectares is a barren land, which is in the form of old ravines of the earth. In the local language, such ravines are called "Bhoor", which are formed by friable earth. In this barren land, due to movement of cattles and local inhabitants, the formation has been changed and a passage has been formed on the land. On this area, ravines were being cut since a long time during toe mining operations. The photographs, namely (A), (B) and (C) supplied by the petitioner Shri Vinod Kumar are related to this area. The surveyor of the Enquiry Team, after taking the measurement on 10.10.2015, with the help of Electronic Theodolite, found that near about 5,252 sq. On this area, ravines were being cut since a long time during toe mining operations. The photographs, namely (A), (B) and (C) supplied by the petitioner Shri Vinod Kumar are related to this area. The surveyor of the Enquiry Team, after taking the measurement on 10.10.2015, with the help of Electronic Theodolite, found that near about 5,252 sq. metre area - up to 2.5 metres depth, has been excavated and about 13, 125 cubic metre earth has been removed and on the basis of prevalent rates royalty of Rs.14/- per cubic metre, an amount of Rs.1,83,050/- (Rupees one lakh, eighty-three thousand, and fifty only) has been calculated as royalty, and the same amount was also calculated as penalty; and the District Officer, Firozabad also issued Recovery Certificate to recover the aforesaid amount from Shri Sudesh Kumar, son fo Shri Swatantra Pal Singh, resident of Katra Meera, Tehsil Shikohabad, along with Shri Ajay, son of Shri Prem Lal, resident of Mohalla Krishna Nagar, Tehsil Shikohabad, vide Recovery Certificate dated 16.07.2014, against which Rs.2,48,000/- (Rupees two lakh, forty eight thousand only) has been recovered by the Tehsildar Shikohabad and the recovery of rest of the amount, i.e., Rs.1,18,050/- (Rupees one lakh, eighteen thousand and fifty only) is in progress." 7. After the Secretary (Mines) completed his work as an Election Observer, he also visited the site on 3 November 2015 and thought it appropriate and proper to grant his consent to the report submitted by the enquiry team constituted by the Director, Geology and Mining. The Secretary (Mines) had, in fact, issued a communication dated 29 October 2015 to the petitioner. The observations of the Secretary (Mines) in a report dated 9 November 2015 are also annexed to the affidavit. 8. There is some dispute before the Court on whether, as indicated in the order of this Court dated 6 October 2015, the copy of the VCD was, in fact, made available to the Secretary (Mines). For the purpose of these proceedings, it is not necessary for the Court to dwell on that aspect having regard to the final order which we intend to pass. The petitioner, it may be noted, has filed a supplementary affidavit dated 18 November 2015 annexing photographs which, according to him, indicate illegal excavation activities in the area in question. 9. For the purpose of these proceedings, it is not necessary for the Court to dwell on that aspect having regard to the final order which we intend to pass. The petitioner, it may be noted, has filed a supplementary affidavit dated 18 November 2015 annexing photographs which, according to him, indicate illegal excavation activities in the area in question. 9. From the record before the Court, it is evident that in pursuance of the order of the Director, Geology and Mining, a four member enquiry team was constituted which has duly verified all facts and factual details at the site. As we have extracted above, the report of the enquiry team indicates that the illegal excavation was found in respect of Gata No.76 where, with the help of Electronic Theodolite, it was found that an area of approximately 5252 sq. metres had been excavated up to 2.5 metres depth resulting in the removal of nearly 13.125 cubic metres of earth. Necessary action has been taken for initiating recovery proceedings against those found to be involved in the exercise which was conducted illegally. 10. The learned counsel appearing on behalf of the petitioner states that it is a grievance of the petitioner that the report which has been submitted before the Court does not contain a reference to other areas in the vicinity where illegal mining may have taken place. In our view, it would not be necessary to keep this public interest litigation pending since the purpose of the petition was to ensure that due and proper action is taken by the authorities.. In the circumstances, we permit the petitioner to produce before the Collector and District Magistrate any additional material which may be in his possession to substantiate his allegations. In the event it is done, the Collector and District Magistrate shall take necessary steps once again after verifying the correctness of the allegations and thereafter to determine what action is necessary, expeditiously. Apart from this, we may only observe that as the head of the administration, the Collector and District Magistrate shall carry out or cause to be carried out periodic inspection to ensure that no illegal activities of mining and excavation are being carried out. Apart from this, we may only observe that as the head of the administration, the Collector and District Magistrate shall carry out or cause to be carried out periodic inspection to ensure that no illegal activities of mining and excavation are being carried out. Having regard to what has transpired on the record and since sufficient action has been taken, we do not deem it appropriate in the interest of justice to pursue the enquiry against the Collector and District Magistrate any further. The notice to show cause, in the circumstances, shall stands dispensed with, particularly since an unconditional apology has been tendered before the Court. The appearance of the Principal Secretary (Mines) is exempted. 11. The petition is, accordingly, disposed of. There shall be no order as to costs.