The Gauhati High Court directed the petitioner to approach authorities highlighting illegal activities, if any, of illegal/irregular sand mining being carried out in Goalpara district.
The Division Bench of Chief Justice (Acting) N. Kotiswar Singh and Justice Soumitra Saikia disposed of a Public Interest Litigation (PIL) filed by one Rakesh Chakravorty seeking the following relief(s).
“(i) Issue a writ in the nature of mandamus directing the Respondent authorities to conduct appropriate enquiry into the issues raised by the petitioner in the present petition and to if found to be true, to initiate appropriate legal action against all perpetrators;
(ii) Issue a writ in the nature of mandamus directing the respondents to issue sand mining concessions in Goalpara district only after undertaking proper competitive bidding measures and to cancel all mining concessions operating today which were issued without undertaking any competitive bidding;
(iii) Issue a writ in the nature of the mandamus directing the Respondents to stop all illegal and irregular sand mining activities being carried out in Goalpara district;
(iv) Issue a writ in the mandamus to the Respondents to refrain from imposing erratic and arbitrary penalties for illegal transportation of sand;
(v) Issue a writ in the nature of mandamus directing the Respondents to stop any unlawful cutting of trees in the forest areas of Goalpara and to take appropriate legal action against the perpetrators; and
(vi) Pass any other such writ(s)/order(s)/direction(s) as this Hon’ble court may deem fit and proper.”
It is noted by the High Court that the petitioner is aggrieved by non-resorting to competitive bidding while granting mining permits to individuals. There are also allegation of illegal and irregular activities in said mining carried out in Goalpara District and unlawful felling of trees in forest areas of Goalpara.
As regards the grievance(s) relating to non-resorting to competitive bidding by the authorities, the Court is of the view that this issue cannot be considered in this PIL, as there are other appropriate fora to deal with such matter.
Coming to the other allegations of illegal and irregular sand mining and illegal felling of trees in the forests of Goalpara, the High Court is of the view that if any such activities are carried out, the authorities must immediately put these to an end.
However, from the pleadings, the Court does not find sufficient materials to invoke its extraordinary jurisdiction of PIL to examine the said issue. However, the Court deemed it appropriate to give liberty to the petitioner to approach the authorities highlighting illegal activities, if any, of illegal/irregular sand mining being carried out in Goalpara district as well as illegal felling of trees in the forest areas of Goalpara district.
“We hope and trust that whenever such a representation is submitted by the petitioner, the authorities will look into it so that no such illegal activities of sand mining and felling of trees are carried out, as submitted,” the order reads.