The Gauhati High Court disposed of a Public Interest Litigation (PIL) filed raising a grievance that illegal mining activities/extraction of stone from Dora Nala and Thaikul Nala (tributaries of the Madhura river in the district of Cachar), are being carried out by the private respondents with the connivance of Government officials.
MH Laskar, counsel for the petitioners has invited our attention towards an order passed by a coordinate Bench of the High Court on 20.04.2023, wherein the Court, while addressing the similar grievance raised by the petitioners regarding illegal extraction of stone from Thaikul Nala and Madhura river by using excavator/JCB, had granted time to the respondents to bring on record the report of the satellite/drone survey conducted over the forest area in question as per the earlier direction passed by the Court.
The counsel for the respondents have referred the written instructions dated 23.05.2023 received from the Divisional Forest Officer, Cachar Division, wherein it is stated that as per the direction of the Court passed on 20.04.2023, a drone survey was conducted along the Madhura river stretch and the drone footages clearly show that there is no mining operations either in Dora Nala or Thaikul Nala. The photographs/drone footage have also been enclosed along with the written instructions.
The counsel for the respondents have further submitted that in PIL of 2020, a coordinate Bench of the Court, while considering similar grievance raised by the petitioners regarding illegal extraction of stone from Dora Nala and Thaikul Nala, had directed vide order dated 06.02.2020 for constitution of a Three Member Team to conduct spot enquiry and submit its report. The Committee conducted spot enquiries on 13.02.2020 and 14.02.2020 and submitted its report to the effect that no activity of collection/extraction of stones from the river bank of Madhura river was noticed. Considering the said report, PIL of 2020 was disposed of vide order dated 25.05.2023.
The High Court, in PIL of 2020, has passed the following order:
“……
Considering the facts mentioned above, and as the committee itself has reported that the stone extraction activities are not being presently carried out from the Madhura river, and since the stone quarries of Dora Nala and Thaikul Nala are operating under valid leases granted under Rules, 2013, no further directions are required to be issued in the writ petition. Needless to say that if at all the petitioners are aggrieved by mining leases granted for extraction of stones from Dora Nala and Thaikul Nala, they would be required to avail the suitable remedy for challenging the same.
In any event, in the present PIL, there is no challenge to the mining leases granted for these two locations, i.e. Dora Nala and Thaikul Nala. Hence, requiring the respondents to ensure by proper monitoring that the mining activities of Dora Nala and Thaikul Nala quarries are carried out strictly within the confines of the concession area and that no illegal mining activities are permitted in the Madhura River bed, proceedings of the instant PIL are closed.”
In view of the fact that similar issue has already been dealt with by the High Court in PIL of 2020, the Division Bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was not inclined to pass any order in this PIL and the same is accordingly disposed of in terms with the observations and directions passed in PIL of 2020.