State Of Asam Rep. By The Chief Secretary v. Debabrata Saikia S/O. Lt. Hiteswar Saikia
2022-11-24
ACHINTYA MALLA BUJOR BARUA, R.M.CHHAYA
body2022
DigiLaw.ai
JUDGMENT : A M Bujor Barua, J. Heard Mr. D Saikia, learned Advocate General for the State of Assam assisted by Mr. D Nath, learned Senior Government Advocate for the review petitioners. Also heard Mr. AW Aman, learned counsel for the respondent No.1/PIL petitioner. None appears for the respondents No.2 to 6, where the cause-title shows them to be the proforma respondents. 2. The PIL petitioner Sri Debabrata Saikia instituted PIL 62/2019, amongst others, seeking for a direction to the respondents therein to create a ‘Mines and Mineral Task Force Battalion’ under the administrative control of the Directorate of Mining and Geology Assam for timely and independent action to prevent illegal mining and encroachment in fragile river beds in the State of Assam and also to direct the respondents therein to constitute a High Power Committee and recommend the preservation of the fragile eco system of the Dikhow river in the Sivasagar district and also to take remedial steps to prevent any change of the course of the Dikhow river. 3. While hearing the said PIL petition the Court also took note of an order dated 04.01.2019 in PIL No.78/2018 which required the petitioner therein to submit a representation before the Commissioner and Secretary to the Government of Assam in the Department of Mines and Minerals as regards the issue of alleged illegal mining in the Dikhow river bed. 4. The Court took note of a document dated 29.06.2019, which is a report authored by the Commissioner and Secretary to the Government of Assam in the Mines and Minerals Department pertaining to illegal mining in the Dikhow river, which was made in response to the earlier order dated 04.01.2019 in PIL No.78/2018. The Court also took note of a document dated 29.08.2019, issued by the Secretary to the Government of Assam in the Environment and Forest Department, Government of Assam which indicated that a High Power Committee would be constituted to study and recommend measures for preservation of the fragile eco system of the Dikhow river. The Court further took note of an investigation report pertaining to the alleged illegal mining being carried out in various parts of the Dikhow river as well as the recommendations contained therein. 5. In consideration of the materials indicated above, the PIL No.62/2019 was given a final consideration by the order dated 21.10.2019 wherein two effective provisions were provided as extracted: (i).
5. In consideration of the materials indicated above, the PIL No.62/2019 was given a final consideration by the order dated 21.10.2019 wherein two effective provisions were provided as extracted: (i). A direction to create a task force for necessary action which has to be understood to be the ‘Mines and Mineral Task Force Battalion’. (ii). Requiring the PIL petitioner to file application with supporting documents before the High Power Committee as well as to bring it to the notice of the ‘ Mines and Mineral Task Force Battalion’ as regards any illegal mining that may take place. 6. This review petition is instituted by the State of Assam through the Chief Secretary as well as the authorities under the Mines and Minerals Department of the Government of Assam that the minerals found in the river bank/bed of Dikhow river or as a matter of fact the other river banks/beds mainly comprises of gravels, ordinary sands, stones, boulders etc., which are included in Schedule Y to the Assam Mines Mineral Concessions Rules 2013 (for short, the Rules of 2013) and the Principal Chief Conservator of Forest, Assam is the competent authority having the administrative jurisdiction over the Schedule Y minerals, where the Principal Chief Conservator of Forest and the Head of Forest Force has under his control a full fledged Forest Task Force Battalion and, therefore, the said battalion can also be utilized for checking the illegal mining activities, also in the Dikhow river bed. In the circumstance, a review of the order dated 21.10.2019 in PIL No.62/2019 is sought for on the ground that the existing Forest Task Force Battalion would be competent enough to perform the functions to be performed by the Mines and Mineral Task Force Battalion, upon its creation. 7. In course of the hearing of the review petition, materials have been produced before the Court showing that certain personnel within the Forest Task Force have already been detailed for performing duties for protecting the minerals in the river beds. By referring to such materials, it is the stand of the review petitioners that the purpose to be achieved by creating the Mines and Mineral Task Force Battalion, has already been achieved through the Forest Task Force Battalion upon appropriate personnel being detailed for protecting the minerals in the river beds. 8. Mr.
By referring to such materials, it is the stand of the review petitioners that the purpose to be achieved by creating the Mines and Mineral Task Force Battalion, has already been achieved through the Forest Task Force Battalion upon appropriate personnel being detailed for protecting the minerals in the river beds. 8. Mr. AW Aman, learned counsel for the PIL petitioner is also in agreement that upon appropriate detailment of the personnel of the Forest Task Force Battalion for the purpose of protection of minerals in the river beds, the purpose of creating the Mines and Mineral Task Force Battalion is achieved. 9. In view of the above, the review petition stands disposed of with the following directions: (i) The Forest Task Force Battalion be notified through an appropriate notification that it would also perform the duties of protecting the minerals in the river beds. (ii) The appropriate personnel in the Forest Task Force Battalion be identified for being detailed in the duty of protecting the minerals in the river beds and such personnel upon being identified be provided with all necessary training that may be required to make them fit for performing the duties of protecting the minerals in the river beds. 10. The review petition stands disposed of with the aforesaid modification in the order dated 21.10.2019 in PIL No.62/2019 and the directions contained herein be construed to be a part of the order dated 21.10.2019 in PIL No.62/2019.