Chattisgarh High Court
Ramniwas Tiwari vs State Of Chhattisgarh on 24 March, 2025
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPPIL No. 113 of 2019
ARVIND KUMAR SHUKLA (PETITIONER IN PERSON) AND OTHERS versus
STATE OF CHHATTISGARH AND OTHERS
WPPIL/18/2020,WPPIL/66/2023,WPPIL/21/2020
Order Sheet
24.03.2025 Shri Arvind Kumar Shukla, petitioner in person in WPPIL-
113 of 2019, and Shri YC Sharma, learned Senior Advocate with
Shri Ajay Chandra, and Shri Ashutosh Singh Kachhawaha,
learned Advocates appearing as Amicus Curiae for the
respective petitioners. Shri Nilkant Malviya, learned counsel for
the petitioners in WPPIL-18 of 2019. Shri Ankit Pandey,
learned counsel for the petitioner in WPPIL-21 of 2020.
Shri PN Bharat, learned Advocate General, and Shri RS
Marhas, learned Additional Advocate General, and Shri SS
Baghel, learned GA for the State.
Wppil 113 of 2019 and other cases
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Shri Sunil Otwani, learned counsel for respondent-4 in
WPPIL-113 of 2019.
Dr Veena Nair, learned Advocate appearing on behalf of Shri VVS Murthy, Senior Advocate, for respondent-9 in WPPIL- 21 of 2020.
Shri Tushar Dhar Diwan, and Ms Annapurna Tiwari, learned counsel for the Union of India.
Shri Yashraj Verma, learned Advocate appearing on behalf of Shri Amrito Das, learned counsel for respondent-10 in WPPIL-21 of 2020.
Ms Mamta Gendle, learned Advocate appearing on behalf of Shri Ashok Kumar Shula, learned counsel for the intervener in WPPIL-113 of 2019.
In compliance of the order dated 12.02.2025 passed by this Court, an affidavit has been filed by the Secretary, Government of Chhattisgarh, Department of Mines and Mineral Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Wppil 113 of 2019 and other cases 3 Raipur CG has been filed. Relevant portion of the said affidavit is reproduced hereunder:
"2. That, the present Public Interest Litigation has been registered on the basis of news item wherein it has been mentioned that due to death of 17 persons drowning in illegal sand quarries but no action has been taken against the responsible persons. That, during the course of hearing of the present Public Interest Litigation, the Hon'ble Court has expressed his concern with respect to various cases of illegal mining in the entire State of Chhattisgarh.
3. In the case in hand, on earlier occasions, affidavits have also been filed along with the relevant documents in order to substantiate before this Hon'ble Court the fact that the State Authorities are continuously issuing the directions and taking steps to curb the menace Wppil 113 of 2019 and other cases 4 of illegal mining strictly in accordance with law.
4. That, the matter was taken up for hearing on 12/02/2025 along with some other connected matters wherein the Hon'ble Court was pleased to direct the deponent / Secretary, Government of Chhattisgarh, Department of Mines and Mineral Resources, Raipur to file his affidavit on the issue involved in the present case.
5. That, in compliance of the order dated 12/02/2025 passed by the Hon'ble Court, the deponent, having the highest regards and great respect for the lawful authority of this Hon'ble Court, respectfully submits that the Directorate of Geology and Mining. Raipur had issued specific directions with respect to the cases registered in relation to illegal excavation /transportation / storage of minerals on 23/11/2022. In the said direction, it has been specifically stated that as per the provisions Wppil 113 of 2019 and other cases 5 contained in Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 there is a specific provision for imposition of penalty for the cases with respect to the illegal excavation /transportation/storage of mineral. Hence, in case if any person or vehicle is involved in committing repeated offences, then strict action should be taken. Copy of the instruction dated 23/11/2022 is being filed herewith as Annexure A/1.
6. It is submitted that again on 07/08/2023 the Directorate of Geology and Mining issued necessary instructions to the subordinate offices for taking action with respect to illegal excavation / transportation / storage of minor mineral Sand. In the said instruction, it has also been provided that there is specific prohibition on excavation of sand from any bridge or Anicut or other structure and it is the duty of the Wppil 113 of 2019 and other cases 6 officials of the departments to ensure that no illegal mining is done. Copy of the instruction dated 07/08/2023 is being filed herewith as Annexure A/2.
7. It is further respectfully submitted that in order to prevent the illegal excavation, transportation and storage of minor minerals in the State of Chhattisgarh, all the Collectors of State of Chhattisgarh were issued necessary instructions on 16/08/2023 wherein it has been stated that strict action should be taken against the erring officials under Section 27 of the MMDR Act. 1957 and further proper action with respect to institution of complain under Section
22 should be taken. Copy of the instruction dated 16/08/2023 is being filed herewith as Annexure A/3.
8. It is respectfully submitted that again on 29/08/2023 the Directorate of Geology and Wppil 113 of 2019 and other cases 7 Mining, pursuant to the meeting taken by the Chief Secretary, Government of Chhattisgarh, issued further detailed instructions in order to prevent the illegal mining in the State of Chhattisgarh. Copy of the instruction dated 29/08/2023 is being filed herewith as Annexure A/4.
9. It is further respectfully submitted that the deponent has directed all the Collectors of State of Chhattisgarh vide letter dated 15/01/2024 to take necessary action to curb illegal mining, transportation and storage of minor minerals sand and other minerals in light of the instructions contained in the earlier instruction dated 06/09/2023. Copy of the instruction dated 15/01/2024 is being filed herewith as Annexure A/5.
10. It is further respectfully submitted that earlier the court of learned Sessions Judge, Wppil 113 of 2019 and other cases 8 Surajpur was notified as Special Court for trial of the cases filed under the Mines and Minerals (Development and Regulation) Act, 1957 and thereafter vide order dated 13/09/2024 issued by the Department of Law and Legislative Affairs, Govt. of Chhattisgarh, all the courts of learned Sessions Judge in the State of Chhattisgarh except Surajpur, which was notified earlier, have been notified as Special Court for the trial of the cases filed under the Mines and Minerals (Development and Regulation) Act 1957 for their respective districts in exercise of the powers conferred under Section 30(b) of the Chhattisgarh Mines and Minerals (Development and Regulation) Act, 1957. Copy of the notification dated 13.11.2024 along with the covering letter dated 10.02.2025 is being filed herewith as Annexure A/6.
Wppil 113 of 2019 and other cases 9
11. It is further respectfully submitted that taking note of the fact that the provisions contained in the various statute books are not sufficient enough to curb the problems of illegal excavation/transportation/storage of minor mineral sand and others, the Govt of Chhattisgarh, Department of Mines and Mineral Resources has constituted a 6 member committee to accord their suggestions with respect to strengthening Section 71 of the Chhattisgarh Minor Mineral Rules, 2015 with respect to the action against the illegal excavation/transportation/storage of minor mineral. It is submitted that this 6 member committee has been directed to submit its suggestions within a period of 30 days so that appropriate decision can be taken in the matter. Copy of the order dated 19/03/2025 with respect to constitution of Committee is being Wppil 113 of 2019 and other cases 10 filed herewith as Annexure A/7.
12. It is respectfully submitted that the MMDR Act, 1957 is the Central legislation and any change in the said Act can only be made in the Parliament. Hence, the State Government looking to the possibility with respect to making suggestions, would submit representation to the Union of India for taking necessary action.
13. That the deponent respectfully submits that he has the highest regard and respect for the lawful authority of this Hon'ble Court as well as its orders and directions issued from time to time and is duty bound to adhere to and abide by the orders."
Learned Advocate General has pointed out towards para-11 of the above affidavit, wherein it has been stated that the Department of Mines and Mineral Resources, Government of Chhattisgarh has constituted a 6 member committee to Wppil 113 of 2019 and other cases 11 accord their suggestions with respect to strengthening Section 71 of the Chhattisgarh Minor Mineral Rules, 2015 with respect to the action against the illegal excavation/transportation/storage of minor mineral, and further it transpires from the letter/order dated 19.03.2025 of the Additional Secretary, Mines and Minerals, State of Chhattisgarh, that the said 6 member committee would submit its suggestions within a period of 30 days so that appropriate decision can be taken in the matter. Copy of the order dated 19.03.2025 is annexed as Annexure A/7.
The Commissioner, Municipal Corporation, Bilaspur, District-Bilaspur also filed personal affidavit in compliance of the order dated 12.02.2025, and relevant portion of the said affidavit has been reproduced hereunder for ready reference:
"2. In furtherance to the affidavit filed earlier and in compliance of the order dated 12/02/2025, the instant affidavit is being sworn.
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3. That, being a responsible officer and being the Commissioner, Municipal Corporation, Bilaspur, I am duty bound to follow all the directions and orders issued by the Hon'ble Court in letter and spirit. I am committed to make serious efforts and ensure timely accomplishment of the project.
4 That, the detailed project report has been submitted by the M/s Blue Stream Infra Development Consultant, Pune (Maharashtra) which has now been examined by the technical team of the Municipal Corporation, Bilaspur. The entire project report is to be placed before the forthcoming meeting of Mayor-In-Council which is to be held on 26th March, 2025. It is respectfully submitted that the Mayor-In-Council is meeting for the first time after the recent elections to the Municipal Corporation.
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5. That, after approval by the Mayor-In- Council, the project report will be submitted for further approval by the General Meeting of the Municipal Corporation which is scheduled to be held in the month of April, 2025. Upon approval by the General Meeting, requisition will be sent to the State Government for administrative approval and fund allocation. After the administrative approval and allocation of funds, tender notice will be issued for accomplishing the work.
6. That, in this regard, a communiqué has been issued by the Executive Engineer, Municipal Corporation, Bilaspur on 21/03/2025. Copy of communiqué is being filed herewith as ANNEXURE A-1.
It has been stated in para-4 and 5 of the above affidavit that the detailed project report has been submitted by the M/s Blue Stream Infra Development consultant, Pune (Maharashtra), Wppil 113 of 2019 and other cases 14 which is to be examined by a Technical team of the Municipal Corporation, Bilaspur, and the team has to place its project report before the meeting of Mayor-In-Council, which is scheduled to be held on 26.03.2025, and if the same is approved in the meeting, the said project report will be submitted for further approval by the General Meeting of the Municipal Corporation. Thereafter, for administrative approval, and allocation of funds, it will be sent to the State Government, and tender notice will be issued for accomplishing the work.
In view of above, let the matter be listed on 22nd April, 2025, by which date the Secretary, Mines and Minerals Department, State of Chhattisgarh and the Commissioner, Municipal Corporation, Bilaspur, District-Bilaspur shall file their personal affidavit in the matter.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
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