Gauhati High Court
Dipti Rani Roy vs The State Of Assam And 5 Ors on 6 January, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010179582020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5495/2020
DIPTI RANI ROY
(KATAKHAL SAND MINING CONTRACT UNIT NO. 03)
W/O BISHU CH. ROY
RESIDENT OF VILLAGE KALINAGAR PART III
PO KALINAGAR, PS PACHGRAM, DIST HAILAKANDI, ASSAM 788151
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM. DEPARTMENT OF FOREST AND ENVIRONMENT, DISPUR,
GUWAHATI 6
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
ASSAM PANJABARI
GUWAHATI
3:THE CONSERVATOR OF FOREST
SOUTH ASSAM CIRCLE
SILCHAR
CACHAR
4:THE DEPUTY COMMISSIONER
HAILAKANDI
5:THE DIVISIONAL FOREST OFFICER
HAILAKANDI DIVISION
HAILAKANDI
6:THE MANAGING DIRECTOR
ASSAM ELECTRONICS DEVELOPMENT CORPORATION LTD. (AMTRON)
INDUSTRIAL ESTATE
BAMUNIMAIDAM
GUWAHATI 78102
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Advocate for the Petitioner : MR. A Y CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
06.01.2021 Heard Mr. TA Choudhury, learned counsel for the petitioner and Mr. D Gogoi, learned counsel for the Forest Department.
2. The petitioner was settled with the Khatakal sand mining contract Unit No.3 dated 17.05.2016 as per the letter of intent dated 16.06.2016 issued by the Divisional Forest Officer, Hailakandi Forest Division. The settlement was made for a period of seven years. Up to the year 2019, the petitioner operated the mining contract unit as per the required terms by depositing necessary kist money as may be required. But in the year 2020, the petitioner faced difficulty because of the Covid-19 pandemic situation that prevailed over the State and in the circumstance had difficulty in paying the 14 th to 16th kist money. In the circumstance, the petitioner has approached this Court on the apprehension that as because the 14 th to 16th kist money has not been paid, the respondent authorities may take coercive action against the petitioner.
3. We have been told that all such settlement holders who had faced the similar problems during the year 2020, the respective settlement holders were required to make a representation before the appropriate authorities under the Forest Department to have a favourable consideration and in such processes, extension for a period of ranging from 80 days to 100 days had been granted. Mr. D Gogoi, learned counsel for the Forest Department also makes a statement upon instruction that if the petitioner now deposits the requisite kist money, no coercive action will be taken against the petitioner.
4. Mr. TA Choudhury, learned counsel for the petitioner on the other hand states that as because the kist money has to be deposited through the online method through the respondent No.6 being the Assam Electronics Development Corporation Ltd (AMTRON) and as Page No.# 3/3 the appropriate portal of the AMTRON is not functioning at present to receive such payment, therefore, the petitioner is unable to deposit the kist money even though a requirement was provided by such deposit in the order dated 21.12.2020 in this writ petition.
5. Considering the matter in its entirety, we require the petitioner to deposit all the up to- date kist money that they are required to deposit and also direct the Forest Department to take up the matter in an appropriate manner with the respondent AMTRON and ensure that whenever the petitioner attempts to make the online deposit of the kist money, the same will be duly received. The AMTRON should also appropriately co-operate in the matter and should not put up the system in such a state that the deposits are not accepted.
6. As regards the claim of extension of the petitioner, the petitioner may submit appropriate representation before the Principal Chief Conservator of Forest (PCCF), Assam and upon such representation being submitted, the PCCF shall pass a reasoned order thereon within a period of three months from the date of receipt of such representation. Upon the deposits being made and accepted, it is reiterated that no coercive action shall be taken against the petitioner.
The writ petition stands disposed of in the above terms.
JUDGE Comparing Assistant