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2020 DIGILAW 13 (PAT)

Murari Singh v. State of Bihar

2020-01-07

ADITYA KUMAR TRIVEDI

body2020
ADITYA KUMAR TRIVEDI, J.:–Heard learned counsel for the petitioners as well as learned Special P.P., Mines and Minerals alongwith learned GA7. 2. The petitioner has asked for the following relief:— “(i) For issuance of an appropriate writ commanding the respondents to clarify the area of land declared for mining of sand of Mauza Kishanpur, Block-1, Anchal Surajgarha, District Lakhisarai specifically to their Khata and Area so that the Raiyati Lands of the petitioners may not be included to the lands so demarcated for mining of sands, contained in Annexure-1. (ii) For issuance of an appropriate writ commanding the respondents not to include the Raiyati lands of the petitioners in the sand mining area as declared in Mauza Kishanpur, Block-1, Anchal Surajgarha, District Lakhisarai. (iii) For any other reliefs or reliefs for which the petitioners are entitled under law as well as on the facts of the case.” 3. However, under Para-4 of the petition has fully detailed respective survey plot numbers belonging to the petitioners. 4. No counter affidavit has been filed on behalf of the State but counter affidavit is on behalf of respondent no.3, the Collector, Lakhisarai as well as respondent no.4, the Mines and Minerals Development Officer, Lakhisarai. Gone through the same. 5. From perusal of the same, it is evident that the respondents have not controverted the respective survey plot numbers so detailed under Para-4 of the petition to be the raiyati land of the petitioners. Whatever not been controverted is found admitted. In the aforesaid background, stepping ahead another relevant paragraph of the counter affidavit appears to be pertinent to be quoted below which properly safeguards the interest of the petitioners:— “10. That apart from the above facts the petitioners are protected under the Bihar Mineral Rules 2019 and Bihar Sand Mining Policy, 2019. Rules 29 (A) (2) (viii) clearly stipulates that “No quarrying of sand shall be permitted in any private land owned by any person unless the settlee obtain the consent of the concerned land owner/ raiyat”. Rule 29H. The settlee may remove sub soil sand from raiyati land after taking consent and adequately compensating the land owner. Such proposal shall be included in mine plan and due environmental clearance from concerned competent authority of MOEF and CC has to be obtained before starting mining operation. That Bihar Sand Mining Policy 2019 clause 26 also provides such conditions.” 6. The settlee may remove sub soil sand from raiyati land after taking consent and adequately compensating the land owner. Such proposal shall be included in mine plan and due environmental clearance from concerned competent authority of MOEF and CC has to be obtained before starting mining operation. That Bihar Sand Mining Policy 2019 clause 26 also provides such conditions.” 6. Learned AC to Special P.P. has submitted that there could not be auction of a raiyati land for any purpose without having consent of the owner of the land. Further more it has also been submitted at the end of learned AC to Special P.P. that the lands so detailed in Para-4 of the petition are the raiyati land of the petitioners, which are not at all subject matter of auction nor could be. That being so, petitioners have got no occasion to be afraid of over any step of the State. 7. That being so, the instant petition is disposed of in terms of the admission having at the end of the respondents.