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2023 DIGILAW 1062 (PAT)

Vinoy Kumar Singh v. Union of India

2023-09-18

K.VINOD CHANDRAN, PARTHA SARTHY

body2023
Partha Sarthy, J. – Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The instant case in the nature of a Public Interest Litigation has been filed by an ex-Mukhiya, who claims himself to be a social worker, praying for a direction to the respondents to take necessary action to protect the environment and the ecosystem surrounding hillocks named Lomas and Yogyawallakya which have religious, cultural and historical importance and have temples and caves in existence; to conduct a survey with respect to the land, details of which have been given of Circle-Rajauli, District-Nawada as heritage and protected site; to restrain the Department of Mines and Geology as also the District Administration from leasing out the land and ensure that no mining activity is carried out in future in vicinity of the hillocks; to direct the respondents to take necessary steps to conserve, protect and develop the temple staircase and the surrounding; for directing the respondents to protect the forest, water fountain and Khuri river flowing adjoining the said hillocks; to take appropriate action against the Circle Officer for giving an incorrect report, wrongly mentioning that the type of land is not forest land; to withdraw the NOC given for mining activity and for other reliefs. 3. The petitioner contends that the hillocks namely Lomas and Yogyawallakya are situated in Rajauli in the District of Nawada. They have been named after the great Hindu vedic sages and the places also find mention in the District Gazetteer of the British times. 4. It is the case of the petitioner that recently, since the year 2007, the respondents have allowed mining and stone quarrying activities on the hillocks in question in complete disregard to its historical and religious importance as also the adverse impact it is having on the wildlife, ecosystem and biodiversity of the areas. The land in question appertaining to Plot nos.5513 and 5514, all between Rajauli Forest Zone and Koderma Forest Zone, the land being situated within 3.5 kms of the protected forest namely, Baghmari, and thus mining activity cannot be permitted in view of the pronouncements of the Hon’ble Supreme Court in the case of T.N. Godavarman Thirumulpad vs. Union of India & Ors. [ (1997) 2 SCC 267 ]. [ (1997) 2 SCC 267 ]. It is further submitted that the hillock is within 8 kms from the nearest reserve forest ie Koderma Wildlife Sanctuary and the mining activities which includes the sound of blast etc have an adverse impact on the wildlife as also the local population living close by. 5. It is further submitted that by Resolution no. 4387, dated 9.12.2014 issued by Department of Mining and Geology, Government of Bihar which is in consonance with the provisions of the Bihar Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 1976, mining activities have been barred and the same is to be permitted only in accordance with the provisions of the Forest (Conservation) Act, 1980. Thus, the no objection given for the mining activity on the hillock is contrary to the said resolution as also to the various pronouncements of the Hon’ble Courts. Hence the instant application. 6. Counter affidavits have been filed on behalf of the State of Bihar and more particularly on behalf of the Mines Department, the Tourism Department and the Forest Department. 7. On behalf of the Mines Department it has been stated that the hillocks/places in question do not find mention nor stand notified as ancient historical places under the Bihar Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 1976. Thus, mining cannot be said to be illegal nor is there any contravention of the Rules. On a report having been obtained from the Forest Department, Nawada Division, the nearest forest area being about 3.5 kms away, in the year 2014, the Forest Department also did not have any objection for issuance of mining lease. Six leases were granted in the year 2015. It is stated that a seven member enquiry committee, which was constituted by the Collector, Nawada, submitted its report to the effect that the subject hillocks have not been leased to any person for mining activities and they have not been either disturbed or damaged. 8. So far as the Tourism Department is concerned, in their counter affidavit, it has been stated that no scheme/project is run on the land in question. A Letter no.652 dated 23.6.2021 was written by the District Magistrate, Nawada to the Principal Secretary, Department of Tourism, Government of Bihar, with regard to renovation and beautification of the hillocks and places of ancestral, historical and religious importance within the District of Nawada. A Letter no.652 dated 23.6.2021 was written by the District Magistrate, Nawada to the Principal Secretary, Department of Tourism, Government of Bihar, with regard to renovation and beautification of the hillocks and places of ancestral, historical and religious importance within the District of Nawada. The Special Secretary, Department of Tourism by his letter dated 12.8.2021 requested for furnishing of documents with respect to right and title over the concerned land along with NOC in the prescribed proforma with specific recommendations for renovation and beautification so that the work may be initiated. It is stated that the necessary steps have been taken in this direction. 9. In the counter affidavit filed by the District Forest Officer, Nawada it is stated that it was on 25.1.1985 that the Koderma Wildlife Sanctuary was notified under the Wildlife Protection Act, 1972. The same was under the Gaya Forest Division. After formation of the State of Jharkhand, the respondents were under a wrong impression that the entire area of Koderma fell under Jharkhand and consequently they also issued no objection for mining activities in the year 2015. In the year 2018, on learning that part of Koderma Wildlife Sanctuary also fell under the jurisdiction of the Nawada Forest Division in the State of Bihar, the Divisional Forest Officer, Nawada Forest Division sent a letter/proposal on 24.9.2018 to the Conservator of Forest, Gaya Circle that part of land under Koderma Wildlife Sanctuary, which now fell under Nawada Forest Division, be notified as Nawada Wildlife Sanctuary. By Memo no. 527 dated 10.5.2019 of the Government of Bihar, an area of 2726.61 hectares of land was declared as Rajauli Wildlife Sanctuary. It is further stated that by letters dated 3.5.2019, 1.11.2019 and 26.12.2019, the DFO, Nawada Forest Division has issued notices for closure of mining activities falling within 10 kms of the Wildlife Sanctuary, i.e. [default Eco-Sensitive Zone (ESZ)]. The process of notification of ESZ of Rajauli Wildlife Sanctuary has been initiated. 10. Counter affidavits have also been filed on behalf of the Union of India. The process of notification of ESZ of Rajauli Wildlife Sanctuary has been initiated. 10. Counter affidavits have also been filed on behalf of the Union of India. In the counter affidavit filed by the Superintendent Archaeologist, Archaeological Survey of India (‘ASI’ in short), Patna Circle, it is stated that pursuant to the order dated 6.9.2021 passed in this case, the ASI inspected the site and did not find any significant material remains to suggest archaeological and historical antiquity of the place, although the local traditions highlight religious significance through mythological narrations. 11. Further, in the counter affidavit filed on behalf of the Secretary, Ministry of Environment, Forest and Climate Change, New Delhi, it has been stated that the answering respondent issued guidelines for declaration of Eco-sensitive Zone around national parks and wildlife sanctuaries, the size of ESZ could go up to 10 kms around the protected area. It is further stated that so far as the Hazaribagh Wildlife Sanctuary is concerned, as per the notification dated 1.8.2019, ESZ extends between 900 mts to 5 kms around its boundary. Commercial mining of both minor and major minerals, stone quarrying and crushing units are strictly prohibited and mining operations are to be carried out in accordance with the orders of the Hon’ble Supreme Court in the case of T.N. Godavarman Thirumulpad (supra) It is further stated that the answering respondents have also issued notification dated 9.8.2019 with respect to Koderma Wildlife Sanctuary, according to which, the ESZ is from 0 to 5 kms. The State Government is empowered to make rules for preventing illegal mining, transportation and storage of illegal minerals. 12. Having heard learned counsel for the parties and having perused the affidavits filed on behalf of the respondents, it transpires that so far as the hillocks i.e. Lomas and Yogyawallakya are concerned, even though, as per the affidavit filed by the ASI, no significant archaeological and historical antiquity was found, nevertheless, it has categorically been stated that local traditions highlight the religious significance of the hillocks through mythological narrations. It further transpires that the District Magistrate, Nawada has written to the Principal Secretary, Tourism Department, Government of Bihar with respect to renovation and beautification of the hillocks and other places of ancestoral, historical and religious importance and the Special Secretary of the Department has responded asking for the required details as also the NOC in the prescribed proforma so that the renovation work may be initiated. The Court expects that the steps taken by the Special Secretary, Department of Tourism, Government of Bihar as also the District Magistrate, Nawada are taken to its purposeful end. 13. So far as the issuance of lease for mining in the area are concerned, it transpires from the affidavits that some lease for mining activities were issued in the year 2015. Subsequently, on realising that part of the Koderma Wildlife Sanctuary fell in the State of Bihar, vide notification contained in Memo no. 527 dated 10.5.2019 of the Department of Environment, Forest and Climate Change, Government of Bihar, the same was declared to be known as Rajauli (Nawada) Wildlife Sanctuary, comprising of a total area of 2726.61 hectares. It is stated that in view of the orders of the Hon’ble Supreme Court in the case of T.N. Godavarman Thirumulpad vs. Union of India & Ors., as also the ESZ, all mining activities have been stopped within the notified distance of the wildlife sanctuary. As of now no mining activities can be carried out and the party respondents who are the mining lessees cannot seek for furtherance of their lease granted. The consequences arising from such prohibition and the rights and liabilities arising from the grant of lease and the subsequent cancellation could be agitated by the respective parties in appropriate proceeding; on which we make no observation at all. 14. Having perused the affidavits as also the material on record, the Court finds that no further useful purpose will be served in keeping the instant Public Interest Litigation pending. 15. The application stands disposed of. K. Vinod Chandran, CJ. – I agree.