Chattisgarh High Court
Arpa Arpan Maha-Abhiyan vs State Of Chhattisgarh on 22 August, 2023
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPPIL No. 21 of 2020
Arpa Arpan Maha-abhiyan Versus State Of Chhattisgarh
&
WPPIL No. 66 of 2023
In The Matter Of Suo Moto Public Interest Litigation Versus State Of Chhattisgarh
22.08.2023 Mr. Ankit Pandey, counsel appearing for the petitioner.
Mr. Chandresh Shrivatava, Addl. A.G. appearing for the
State/respondents.
Dr. Veena Nair, counsel appearing for the respondent No.9 in WPPIL No.21/2020.
Mr. Yashkaran Singh, counsel appearing for the respondent No.10 in WPPIL No.21/2020.
Mr. Amit Tirkey, counsel appears on behalf of Mr. Pankaj Agrawal, counsel appearing for the respondent No.12 in WPPIL No.21/2020.
Mr. Arijit Tiwari, counsel appearing for the respondent No.13 in WPPIL No.21/2020.
In compliance of the Court order dated 04.08.2023, an affidavit has been filed by the Deputy Director (Mineral Administration) Bilaspur, who is Officer-in- Charge in the present case enclosing the report of the Chief Secretary of the State dated 21.08.2023 (Annexure-D/1). In paras 6, 7 & 8 of the affidavit, it has 2 been stated as under:-
"6. It is submitted that the Collector, Bilaspur have also submitted its detailed report in the matter and informed that on the date of incident the photographs filed were of the Home Guards who were attached with the Department of Mining for assistance, however after the incident they have been sent back to their parent Department. With regard to the cases of illegal mining registered it has been informed that from the Financial Year 2020-21 till the June, 2023 there are 654 cases registered for illegal transportation and against the same the entire amount of penalty has already been recovered. Similarly 78 illegal mining cases and 4 illegal storage cases were registered and against the same the amount determined by the Department has already been recovered. Against the aforesaid action taken for the illegal mining / transportation/ storage no court case has been found to be pending.
7. That, further from July, 2023 to 15 th August, 2023 total 60 cases were registered wherein 12 are of illegal mining and 48 are of illegal transportation and out of the same 38 cases have already been disposed wherein the amount which was imposed by the Department have been recovered and presently 22 cases wherein 6 of illegal mining and 16 of illegal transportation are pending for disposal in which against 6 illegal mining cases FIR has been registered in the Police Station Koni and regarding 16 illegal transportation cases 4 are pending before the Sub Divisional Officer (Revenue), Kota, 4 at Police Station Belgahna and 8 were registered by the Mining 3 Department and action is being taken in accordance with the provisions of law.
8. It is reported that for further prevention of illegal mining and transportation various steps have been taken and directions have been issued to different Departments to take action as per the law governing and the Department of Police, RTO, Forest and Environment officers were jointly directed to take action against the said illegal mining/ transportation. The Department of Mining have already created obstructions in the prohibited areas of different villages and made barricading placing notice boards. Also in village Sendari, Nirtu and Kachhar over the passages made for reaching the river girders have already been placed and steps are being taken for placing such girders in remaining places also. As per the directions issued by the Chief Secretary, a divisional team of Sub Divisional Officer (Revenue) and Sub Divisional Officer (Police) has been constituted for continuous monitoring and inspection regarding compliance of the directives issued for preventing illegal mining. It is worthy to mention that the Regional Transport Department also have taken action from 17.08.2023 to 19.08.2023 against the vehicles which were found in illegal transporting of sand. Copy of report dated 20.08.2023 is filed herewith as ANNEXURE D-4."
The averments made in the aforesaid affidavit show that the illegal mining, which is going on throughout the State, has not yet been controlled by the State Authorities and perusal of the report with regard to the illegal mining, 4 which has been reported, as has been averred in the preceding paragraphs, shows that only penalties are being imposed on the persons, who are indulged in the illegal mining and as well as on the transporters of the vehicles, who are also indulged in carrying of the illegal mining.
The learned State counsel has further drawn the attention of this Court towards the Annexure-D/4, which is report of the Collector Bilaspur, Chhattisgarh, wherein also some steps have been taken by the Collector for curbing the illegal mining, but the overall picture which transpires from the record and the Affidavit filed today is not the satisfactory one, therefore, we direct the Chief Secretary of the State to ensure that the persons, who are indulged in the illegal mining, are taken to task for their prosecution under the Mines and Minerals (Development and Regulation) Act, 1957 and the rules framed thereunder, as amended from time to time. If such illegal mining is brought to the notice of the authority then simply paying of the penalties is not sufficient enough for those persons, who indulged in such crime, to curb the illegal mining going on, in the State and fresh affidavit shall be filed by the Chief Secretary of the State by next date of hearing showing further illegal mining, which is going on, in the State in order to show the steps which he has taken to curb the illegal mining and the same is controlled or not.
Let the matters be listed again on 10th October, 2023.
Sd/- Sd/-
(N. K. Chandravanshi) (Ramesh Sinha)
Judge Chief Justice
Deepti Jha