Manipur High Court
In Re Preservation Of Thoubal River vs State Of Manipur & Ors on 12 February, 2020
Bench: Chief Justice, Kh.Nobin Singh
Item no.1-3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL NO. 5 of 2019
In Re Preservation of Thoubal River .... Petitioner
- Versus -
State of Manipur & ors. ....Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE KH.NOBIN SINGH
For the Petitioner :: Mr.A. Mohendro, Amicus curiae
Ms. Harichhaya Devi, Amicus curiae
For the Respondents :: Mr. S.Rupachandra, ASG
Date of Order :: 12.02.2020
O R D E R (ORAL)
R.S., CJ.
[1] An affidavit has been filed on 04.02.2020 by one, Mr. C.Arthur Worchuiyo. He is the Director, Trade, Commerce & Industries, Government of Manipur. In that affidavit, para Nos.2, 3, 4 and 5 read as follows:-
"2. That, the Department has re-affirmed its decision to grant mineral concession, if in rivers/waterways, only in un-saturated (dry) zone and by manual quarrying only. No mining concession is proposed to be given in active channels.
3. That, in a meeting chaired by the Addl. Chief Secretary (Forest and environment) on 3.8.2019, it has been decided that PWD with submit proposals for grant of temporary permits for certain quarry sites. Immediately, on receipt of such proposals, this Department shall take necessary action for grant of permits.
4. That, PWD in applying minor mineral concessions, a Committee has also been formed comprising representatives from the PWD, Forest, TCI and those of the respective DCs and SPs vide this Department order No.43/5/2018-RC&I(A) dated 9.8.2019. During the pendency of the PIL, various applications have been received applying for permit/license.
True copy of the list dated nil is annexed hereto and marked as Annexure-R/1.
5. That, at present there is no Registered Qualified Person (RQP) in the State to prepare mining plan which is a prerequisite document for grant of mining lease. In order to have ready access PIL No.5 of 2019 Page 1 for such persons, a Notice for Empanelment of such persons has been issued vide No.D(5)-55/IND/2018 dated 2.8.2019. However, the Department has started granting provisional license in some Districts by issuing order of granting provisional lease on 30/07/2019, etc. True copy of the order dated 30/07/2019 is annexed hereto and marked as Annexure-
R/2."
[2] Annexure-R/1 to the said affidavit is the list of pending application for grant of quarrying lease. Annexure-R/2 gives the details of provisional quarrying lease granted. Sample orders dated 25th May, 2019 at pages No.11 and 12, 30th July, 2019 at pages No.9 and 13 and 19th August, 2019 at page No.10 for grant of provisional list are as follows:-
"GOVERNMENT OF MANIPUR DIRECTORATE OF TRADE, COMMERCE & INDUSTRIES
-------
ORDERS th Imphal, the 25 May, 2019 No. D(5) 134/IND/2018: With reference to the application dated 03/02/2018 submitted by Shri M. Mangoljao Singh, Awang Sekmai, Imphal West District, Manipur and approval of Government of Manipur vide their letter No. 43/11/ 2017 -T, C & I dated 29/04.2019; approval is hereby conveyed to the grant of Provisional Quarrying Lease of sand and stone over an area of 3.5 Hectares at Imphal river, Leikanthabi, Imphal East District, Manipur under the Manipur Minor Mineral Concession Rules, 2012 for a period of 5 (five) years commencing on the date of execution of Quarrying Lease Deed within the area bounded by the geographical limits (datum India- Bangladesh) as below:
Location Co-ordinates of Boundary Points Area Imphal river, Longitude : Latitude Longitude : Latitude Leikinthabi, o / // o / // o / // o / // Imphal East Q1: 93 53 38.12 : 24 55 46.21 Q5: 93 53 48.66 : 24 55 33.51 3.5 Hectar o / // o / // o / // o / // District, Q2: 93 53 39.90 : 24 55 43.68 Q6: 93 53 45.17 : 24 55 36.85 o / // o / // o / // o / // Manipur Q3: 93 53 46.25 : 24 55 39.33 Q7: 93 53 39.04 : 24 55 41.68 o / // o / // o / // o / // Q4:93 53 50.02 : 24 55 36.061 Q8: 93 53 36.19 : 24 55 45.76
2. The grant of this lease shall be subject to the following terms and condition:
(i) Payment of fee security deposit and financial assurance will be made as per Rule 34, Rule 35 and Rule 40 of the Manipur Minor Mineral Concession Rules, 2012.
(ii) The Lessee is required to submit Mining Plan as provided under Rule 39 (4) of the Manipur Minor Mineral Concession Rules, 2012 and as amended.
(iii) The lessee shall strictly adhere to the conditions laid down in Rule 39 of the Manipur Minor Mineral Concession Rules, 2012.
(iv) The lessee shall comply with the related provisions of the Environment (protection) Act, 1986 and other rules and Notification as amended from time to time.
PIL No.5 of 2019 Page 2
3. The Quarrying Lease Deed shall be executed in prescribed Form-H within six months from the dated of receipt of this order as per Rule 43 of the Manipur Minor Mineral Concession Rules, 2012 after fulfilling the conditions required in Sl. No. 2 (i) and 2 (ii) above.
Sd/-
(C. Arthur Worchuiyo) Director of Trade, Commerce & Industries, Manipur ***** "GOVERNMENT OF MANIPUR DIRECTORATE OF TRADE, COMMERCE & INDUSTRIES
-------
ORDERS th Imphal, the 25 May, 2019 No. D(5)-136/IND/2018: With reference to the application dated 03/02/2018 submitted by Shri M. Mangoljao Singh, Awang Sekmai, Imphal West District, Manipur and approval of Government of Manipur vide their letter No. 43/11/ 2017 -T, C & I dated 29/04.2019; approval is hereby conveyed to the grant of Provisional Quarrying Lease of sand and stone over an area of 5 Hectares at Imphal river, Potsangbam, Imphal East District, Manipur under the Manipur Minor Mineral Concession Rules, 2012 for a period of 5 (five) years commencing on the date of execution of Quarrying Lease Deed within the area bounded by the geographical limits (datum India- Bangladesh) as below:
Location Co-ordinates of Boundary Points Area Imphal river, Longitude : Latitude Longitude : Latitude o / // o / // o / // o / // Potsangbam R1: 93 53 44.8 : 24 54 49.02 R7: 93 53 52.02 : 24 54 22.22 o / // o / // o / // o / // Imphal East R2: 93 53 48.17 : 24 54 42.95 R8: 93 53 46.86 : 24 54 25.50 5 o / // o / // o / // o / // District, R3: 93 53 49.48 : 24 54 36.60 R9: 93 53 45.77 : 24 55 31.08 Hect o / // o / // o / // o / // Manipur R4:93 53 48.16 : 24 54 29.45 R10: 93 53 47.68 : 24 54 36.27 ares o / // o / // o / // o / // R5:93 53 49.25 : 24 54 25.87 R11: 93 53 46.47 : 24 54 42.61 o / // o / // o / // o / // R6:93 53 53.40 : 24 54 24.22 R10: 93 53 43.43 : 24 54 48.25
2. The grant of this lease shall be subject to the following terms and condition:
(i) Payment of fee security deposit and financial assurance will be made as per Rule 34, Rule 35 and Rule 40 of the Manipur Minor Mineral Concession Rules, 2012.
(ii) The Lessee is required to submit Mining Plan as provided under Rule 39 (4) of the Manipur Minor Mineral Concession Rules, 2012 and as amended.
(iii) The lessee shall strictly adhere to the conditions laid down in Rule 39 of the Manipur Minor Mineral Concession Rules, 2012.
(iv) The lessee shall comply with the related provisions of the Environment (protection) Act, 1986 and other rules and Notification as amended from time to time.
3. The Quarrying Lease Deed shall be executed in prescribed Form-H within six months from the dated of receipt of this order as per Rule 43 of the Manipur Minor Mineral Concession Rules, 2012 after fulfilling the conditions required in Sl. No. 2 (i) and 2 (ii) above.
Sd/-
(C. Arthur Worchuiyo) Director of Trade, Commerce & Industries, Manipur"
**** "GOVERNMENT OF MANIPUR DIRECTORATE OF TRADE, COMMERCE & INDUSTRIES PIL No.5 of 2019 Page 3
-------
ORDERS th Imphal, the 30 July, 2019 No. D(5)-74/IND/2019: In exercise of the power conferred by Rule 4(2) and Rule 5(1) of the Manipur Minor Mineral Concession Rules, 2012 and in consideration of the application No. nil dated 26/7/2019 submitted by Shri Haobam Ibungo Singh, Serou Bazar, Kakching District for the grant of quarrying lease of sand and stone, the Director of Trade, Commerce & Industries, Govt. of Manipur is pleased to grant a Provisional Quarrying Lease to Shri Haobam Ibungo Singh, Serou Bazar, Kakching District for quarrying of sand and stone over an area of 1(one) Hectare in the Serou Village, Kakching District, Manipur for a period of 10 (ten) years commencing on the date of execution of Quarrying Lease Deed within the area bounded by the geographical limits as below:
Location Co-ordinates of Boundary Points Area Serous Longitude : Latitude Longitude : Latitude o / // o / // J: 24 15 31.51 : 93 52 39.54 1 o / // o / // / K: 24 15 33.72 : 93 52 41.56 Hectares o / // o / // L: 24 15 31.48 : 93 52 43.88 o / // o / // M: 24 15 28.66 : 93 52 39.54
2. The grant of this lease shall be subject to the following terms and condition:
(i) Payment of fee security deposit and financial assurance will be made as per Rule 34, Rule 35 and Rule 40 of the Manipur Minor Mineral Concession Rules, 2012.
(ii) The Lessee is required to submit Mining Plan as provided under Rule 39 (4) of the Manipur Minor Mineral Concession Rules, 2012 and as amended.
(iii) The lessee shall strictly adhere to the conditions laid down in Rule 39 of the Manipur Minor Mineral Concession Rules, 2012.
(iv) The lessee shall comply with the related provisions of the Environment (Protection) Act, 1986 and other rules and Notification as amended from time to time.
3. The Quarrying Lease Deed shall be executed in prescribed Form-H within six months from the date of receipt of this order as per Rule 43 of the Manipur Minor Mineral Concession Rules, 2012 after fulfilling the conditions required in Sl. No. 2 (i) and 2 (ii) above.
Sd/-
(C. Arthur Worchuiyo) Director of Trade, Commerce & Industries, Manipur"
**** **** GOVERNMENT OF MANIPUR DIRECTORATE OF TRADE, COMMERCE & INDUSTRIES
-------
ORDERS th Imphal, the 30 July, 2019 No. D(5) 73/IND/2019: In exercise of the power conferred by Rule 4(2) and Rule 5(1) of the Manipur Minor Mineral Concession Rules, 2012 and in consideration of the application No. nil dated 26/7/2019 submitted by Moirangthem Kanta Singh, Serou Mamang Leikai, Kakching District for the grant of quarrying lease of sand and stone, the Director of Trade, Commerce & industries, Govt. of Manipur is pleased to grant a Provisional Quarrying Lease to Moirangthem Kanta Singh for quarrying of sand and stone over an area of 23.63 Hectares in the Serou village, Kakching District, Manipur for a period of 5(five) years commencing on the date of execution of Quarrying Lease Deed within the area bounded by the geographical limits as below:
PIL No.5 of 2019 Page 4 Co-ordinates of Boundary Points(WGS 84) o / // N o / // E o / // N o / // E BP 2: 24 15 35.57 : 93 53 7.07 BP 7: 24 15 11.31 : 93 53 22.56 o / // N o / // E o / // N o / // E BP 3: 24 15 32.47 : 93 53 13.04 BP 8: 24 15 7.53 : 93 53 19.36 o / // N o / // E o / // N o / // E BP 4: 24 15 34.03 : 93 53 16.94 BP 9: 24 15 16.31 : 93 53 11.02 o / // N o / // E o / // N o / // E BP 5: 24 15 28.22 : 93 53 22.40 BP 10: 24 15 21.26 : 93 53 13.73 o / // N o / // E o / // N o / // E BP 6: 24 15 24.17 : 93 53 20.30 BP 11: 24 15 30.45 : 93 53 2.21
2. The grant of this lease shall be subject to the following terms and condition:
(i) Payment of fee security deposit and financial assurance will be made as per Rule 34, Rule 35 and Rule 40 of the Manipur Minor Mineral Concession Rules, 2012.
(ii) The Lessee is required to submit Mining Plan as provided under Rule 39 (4) of the Manipur Minor Mineral Concession Rules, 2012 and as amended.
(iii) The lessee shall strictly adhere to the conditions laid down in Rule 39 of the Manipur Minor Mineral Concession Rules, 2012.
(iv) The lessee shall comply with the related provisions of the Environment (protection) Act, 1986 and other rules and Notification as amended from time to time.
3. The Quarrying Lease Deed shall be executed in prescribed Form-H within six months from the dated of receipt of this order as per Rule 43 of the Manipur Minor Mineral Concession Rules, 2012 after fulfilling the conditions required in Sl. No. 2 (i) and 2 (ii) above.
Sd/-
(C. Arthur Worchuiyo) Director of Trade, Commerce & Industries, Manipur ********* GOVERNMENT OF MANIPUR DIRECTORATE OF TRADE, COMMERCE & INDUSTRIES
-------
ORDERS th Imphal, the 19 August, 2019 No. D(5) 72/IND/2019: In exercise of the power conferred by Rule 4(2) and Rule 5(1) of the Manipur Minor Mineral Concession Rules, 2012 and in consideration of the application No. nil dated 17/7/2019 submitted by Smt. Leena Sinam, Proprietor of M/s. Kangleipak Tiles, Lamlong, Imphal East District for the grant of quarrying lease of sand, the Director of Trade, Commerce & Industries, Govt. of Manipur is pleased to grant a Provisional Quarrying Lease to Smt. Leena Sinam for quarrying of sand over an area of 1(one) Hectare in the Aimol Khullen village, Tengnoupal District, Manipur for a period of 10 (ten) years commencing on the date of execution of Quarrying Lease Deed within the area bounded by the geographical limits as below:
Location Co-ordinates of Boundary Points Area (in Hectar es) Aimol Longitude : Latitude Longitude :
Khullen Latitude
o / // o / // o / //
Tengnoupal A1: 24 27 55.15 N : 94 03 12.52 E A5: 24 27 50.88 N : 1(one)
o / // o / // o / //
District, A2: 24 27 52.62 N : 94 03 11.15 E 94 03 14.53 E
o / // o / // o / //
Manipur A3: 24 27 51.41 N : 94 03 11.84 E A6: 24 27 52.08 N :
o / // o / // o / //
A4: 24 27 50.64 N : 94 03 13.20 E 94 03 15.66 E o / // A7: 24 27 53.45 N :
/ //
94 03 14.46 E
PIL No.5 of 2019 Page 5
2. The grant of this lease shall be subject to the following terms and condition:
(i) Payment of fee security deposit and financial assurance will be made as per Rule 34, Rule 35 and Rule 40 of the Manipur Minor Mineral Concession Rules, 2012.
(ii) The Lessee is required to submit Mining Plan as provided under Rule 39 (4) of the Manipur Minor Mineral Concession Rules, 2012 and as amended.
(iii) The lessee shall strictly adhere to the conditions laid down in Rule 39 of the Manipur Minor Mineral Concession Rules, 2012.
(iv) The lessee shall comply with the related provisions of the Environment (protection) Act, 1986 and other rules and Notification as amended from time to time.
3. The Quarrying Lease Deed shall be executed in prescribed Form-H within six months from the dated of receipt of this order as per Rule 43 of the Manipur Minor Mineral Concession Rules, 2012 after fulfilling the conditions required in Sl. No. 2 (i) and 2 (ii) above.
Sd/-
(C. Arthur Worchuiyo) The tabulated details of the order issued by the Director, Trade, Commerce & Industries, Government of Manipur is as follows:-
Sl. Date of Name Period Extent Place
No. Order
1. 25.5.2019 Shri M.Mangoljao 5 years 3.5 Imphal River,
Singh of Awang hectares Leikinthabi,
Sekmai, Imphal Imphal East
West District. District.
2. 25.5.2019 Shri M.Mangoljao 5 years 5 hectares Imphal River,
Singh of Awang Leikinthabi,
Sekmai, Imphal Imphal East
West District. District.
3. 30.7.2019 Shri Moirangthem 5 years 23.63 Serou Village,
Kanta Singh, hectares Kakching
Serou Mamang District.
Leikai, Kakching
District.
4. 30.7.2019 Shri Haobam 10 1 hectare Serou Village,
Ibungo Singh, years Kakching
Serou Bazar, District.
Kakching District.
5. 19.8.2019 Smt. Leena 10 yrs. 1 hectare Aimol Khullen
Sinam, Propritor, Village,
M/s Kangleipak Tengnoupal
Tiles, Lamlong, District.
Imphal East
District.
[3] When we asked Mr.S.Rupachandra, learned Addl.AG to
explain under what provision of rules the provisional quarrying lease is PIL No.5 of 2019 Page 6 granted, he refers to Rule 4(2) and Rule 5(1) of the Manipur Minor Mineral Concession Rules, 2012 which reads as below:-
"4. Prospecting or quarrying operations to be under licence or concession:-
(1) **** ****
**** ****
(2) No prospecting licence or quarrying concession shall be granted otherwise than in accordance with the provisions of these rules."
5. Restrictions on the grant of prospecting licence or quarrying concessions:-
(1) No prospecting licence or quarrying concession shall be granted to a person who is not an Indian National, except with the previous approval of the Central Government.
*** ****" [4] Both these provisions do not speak about the provisional quarrying lease. When he was specifically asked to show the Rules
under which provisional quarrying lease was granted, he stated that he is not able to state any such rule but stated that the reasons for granting provisional quarrying lease is stated in para No.5 of the affidavit of Mr.C.Arthur Worchuiyo. It clearly states that the prerequisite document for grant of mining lease is the mining plan and since there is no mining plan, the provisional mining lease was granted.
He clarified that prima facie, there is no provision for grant of provisional quarrying lease. He will get instruction on the above.
Mr.Rupachandra, learned Addl.AG also stated that quoting of Rules 4(2) and 5(1) of the Manipur Minor Mineral Concession Rules, 2012 was not correct for grant of provisional quarrying lease but the PIL No.5 of 2019 Page 7 officer did not violate the aforesaid Rules 4(2) and 5(1) of the Manipur Minor Mineral Concession Rules, 2012.
When a specific question is posed to Mr.S.Rupachandra, learend Addl.AG under what provisions of the Manipur Minor Mineral Concession Rules, 2012 the provisional quarrying lease is granted, he fairly states that it is not provided under the Rules.
On the basis of the stand taken by Mr.S.Rupachandra, learned Addl.AG and the paragraph No.5 of the affidavit-in-opposition filed by Mr.C.Arthur Worchuiyo, it is clear that the above orders passed by Mr. C.Arthur Worchuiyo, the Director, Trade, Commerce & Industries, Government of Manipur are contrary to the Mines and Minerals (Development and Regulations) Act, 1957, Act and Manipur Minor Mineral Concession Rules, 2012. The official respondents are required to be injuncted from proceeding any further on the basis of such order and the beneficiaries of such improper order should not enrich themselves by using the order passed in violation of law.
[5] The other aspect which pains this Court is that the officer, knowing fully well that the mining plan is a prerequisite document for grant of quarrying lease, has proceeded to issue the aforesaid 5(five) provisional quarrying lease orders despite specific Court's direction not to pass orders in violation of law. It is also surprising to note that the Officer has knowingly violated the earlier directions of this Court and has mislead the Court by stating that no lease has been granted when the earlier orders were passed in the PIL.
PIL No.5 of 2019 Page 8 [6] To highlight this, we would like to refer to the following
order passed in this PIL dated 02.7.2019 at para No.4(a), the order dated 09.7.2019 at 1st and 2nd paragraphs and the order dated 31.7.2019 at para No.5 and 11 of this Court as below:-
"02.7.2019 [4] After having heard the learned counsel appearing for the parties and having considered the gravity of the problems being faced by the people of Thoubal and the people in general, this Court expanded the scope of this PIL to cover all the rivers in the State and this Court, by way of an interim measure, issued the following directions:
(a) There shall be a total ban in respect of unauthorised stone quarry, sand mining, river pollution etc. in all the rivers in the State and no one shall carry out any such activities towards stone quarry, sand mining, river pollution etc., except in case where a licence or lease is granted in accordance with law;"
"09.7.2019 "In continuation of the earlier of this Court dated 02.7.2019, Mr.S.Rupachandra, learned Addl.AG produces certain documents to show that action has been taken to control illegal sand and stone quarrying activities. He also referred to the documents and its content to state that the Department of Trade and Commerce & Industries, Government of Manipur has not given any permission to any person or Unit for any type of sand or stone quarrying activity in Thoubal river.
He was further asked to clarify as to whether any such permission has been granted in respect of other rivers in Manipur. He sought time to file a detail affidavit as to the issue of granting permission for sand and stone quarrying in any of the rivers in the State of Manipur. All material facts as regards mining activities and permission, if any granted by the Government, should be specifically stated in the affidavit. This will be filed on the next hearing date."
31.7.2019 "[5] Mr. S. Rupachandra, learned Additional Advocate General referred to the affidavit of the State dated 30.07.2019 and annexure of documents to plead that the forest department is collecting penalty from persons who are engaged in illegal extraction and transportation of sand, stones etc. He, however, clarified that no prospecting licence or quarrying concession has been given to any person in the State of Manipur so far. He stated (emphasis supplied) PIL No.5 of 2019 Page 9 that the authorities are actively examining the matter based on the provisions of (1) Mines and Minerals (Regulation & Development) Act, 1957 (2) Manipur Miner Minerals Concession Rules, 2012; (3) Manipur Minerals (Prevention of illegal Mining, Storage & Transportation) Rules 2018. He seeks further time to get instructions from the Government as to how they are going to deal with the plea for grant of prospecting licence or quarrying concession for extraction of sand, stones etc. i.e. minerals described under the provision of (1) Mines and Minerals (Regulation & Development) Act, 1957 (2) Manipur Miner Minerals Concession Rules, 2012; and to take action against illegal mining, storage & transportation in terms of the (3) Manipur Minerals (Prevention of illegal Mining, Storage & Transportation) Rules 2018."
*** ***
"[11] As indicated earlier, all the officers of the Government
fairly state that sand, stone, red sand etc. are being illegally mined because there is no prospecting licence or quarrying concession granted to any person. Even as per the note for preparation of the reply affidavit, the department states that it is still in the preparation stage for issuing the prospecting licence under the Manipur Minor Mineral Concession Rules, 2012. If the Government has not granted prospecting license or quarrying concession, then the Government alone is responsible for the illegal extraction, quarrying, mining and transportation of sand, stones etc. This aspect has to be properly disseminated in the public domain so that people do not get misguided by wrong information and false statements. The failure to grant prospecting licence or quarrying concession is a huge loss to the State Exchequer. In any event, the same has to be granted after getting all the necessary environmental clearance etc. If there is no proper regulation, it leads to sand mafia looting the State revenue. Similar cases hav come before the Hon'ble Supreme Court and various High Courts. We quote a few :
(I) Illegal sand mining has been raised before the Hon'ble Supreme Court in Writ Petition (Civil) No. 1342 of 2018 [M Alagarsamy V. Union of India & Ors.] In that case, Supreme Court has issued notice on 24.07.2019. In that case, the petitioner has highlighted a number of media reports alleging illegal sand mining in the State of Maharashtra, Andhra Pradesh, Tamil Nadu, Puducherry etc. (II) It will be useful to refer to order dated 07.08.2018 passed by the High Court of Manipur in P.I.L. No. 13 of 2013 in relation to Sekmai river, where statement of Mr. N. Kumarjit, learned A.G., on the stand of the State Government is recorded. The said order is extracted as follows :
"(1) Heard Mr. M. Rakesh, learned counsel for the petitioners and Mr. N. Kumarjit, learned Advocate General, Manipur for the respondents.
( emphasis supplied) PIL No.5 of 2019 Page 10 (2) The prayers in the PIL are as follows:
(ii) to implement and enforce the provisions of the Manipur Flood Plain Zoning Act, 1978 by appointing the Flood Plain Zoning Authority for the purpose of making a survey of Sekmai River as required under sub-Section(2) of Section 3 of the Manipur Flood Plain Zoning Act, 1978;
(iii) to issue a writ in the nature of mandamus or any other appropriate Writ or order directing the Respondents to declare the Flood Plain Zoning Area of the Sekmai River after obtaining report from Flood Plain Zoning Authority under Section 8 and 11 of the Manipur Flood Plain Zoning Act, 1978;
(iv) to issue a writ in the nature of mandamus or any other appropriate Writ or order directing the Respondents to prohibit any form of quarrying activity in Sekmai River for preventing fast environment degradation of Sekmai River under Section 12 of the Manipur Flood Plain Zoning Act, 1978;
(v) In the interim to issue an appropriate direction or order for prohibiting any form of quarrying activity in Sekmai River till the disposal of the present Writ Petition;
(v) to issue any other appropriate order or direction which the Hon'ble Court deems fit and proper in the facts and circumstances of the case."
[2] The main cause for filing of this PIL is that in the State of Manipur, flood is causing difficulties for the citizen almost every year. In order to prevent loss of life and damage to property and environment degradation the provisions of the Manipur Flood Plain Zoning Act, 1978 has to be properly implemented in the State of Manipur.
[3] In response, State Government has filed an affidavit stating that the Flood Plain Zoning authority has been constituted and they undertake periodical maintenance to prevent flood in the Sekmai River. Several steps have been taken to prevent flood but despite adequate steps, the floods cause disturbance as it is difficult to measure or assess the fury of nature.
[4] It appears that on some occasions the drainage system has not been properly cleaned and flooding is caused. The authorities have to ensure that such a problem is not caused to the citizen due to lethargy on their part. [5] Learned Advocate General, Manipur has produced the copy of the proceeding of the National Green Tribunal order dated 05.08.2013 wherein National Green Tribunal has ordered that in Sekmai river there should be no quarrying.
PIL No.5 of 2019 Page 11 [6] Learned Advocate General, Manipur, states that in the entire State of Manipur and in the vicinity of Sekmai river the authorities will ensure effective implementation of the aforesaid act and proper maintenance of Sekmai river. [7] Since steps have been taken to address the issue we feel that with further direction to authorities to strictly implement the provisions of the act the situation can be controlled.
With the above direction, the PIL stands closed."
[7] At this juncture, we have to note that when the order was passed on 31.7.2019 in the presence of Mr.S.Rupachandra, learned Addl.AG, the 12th respondent, Mr. C.Arthur Worchuiyo, the Director, Trade, Commerce & Industries, Government of Manipur has already issued provisional quarrying license on 25th May, 2019 in two cases.
This is in violation of the order dated 2.7.2019, the 12th respondent has also passed another order on 30.7.2019 and 19.8.2019 contrary to provisions of the Act and Rules. The 12th respondent in his affidavit dated 04.02.2020 fairly admits that there is no mining plan. It is therefore, clear that the 12th respondent has disobeyed the order of this Court. The authority, 12th respondent has not chosen to follow the provisions of the Manipur Minor Mineral Concession Rules, 2012 and the Mines and Minerals (Development and Regulations) Act, 1957. The 12th respondent has to explain by way of personal affidavit as how such an order came to be issued granting provisional quarrying lease violating the orders of the Court and the undertaking given.
[8] It is to be noticed that on 07.8.2019, this Court passed the following order at para No.4 and 5:-
PIL No.5 of 2019 Page 12
"[4] Before proceeding to grant prospecting licence or
quarrying concession, the State Environment Department will make an environment impact assessment in respect of the existing rivers, water course, lake beds, etc. They shall submit a report to this Court and to the Department of Forest and Environment . The report should give details of the actual extent of the damage caused so far by illegal extraction of stone, sand, gravel, etc.. The said data will be useful for the purpose of assessing and granting prospecting licence or quarrying concession for extraction of sand, stone, etc. keeping in mind the cause for environment protection. [5] Unless an environment impact assessment is done, there will be no mechanism to form a scheme to protect the rivers and the environment."
[9] Inspite of the order dated 7.8.2019, the officer, 12th respondent has granted provisional license on 19.8.2019 which is recorded earlier. It is therefore clear that none of the directions of this Court has been followed. The provisions of the Act and Rules have been given a go. The statement made by the department that no license/lease etc. was given before this Court also appears to be a false statement.
We take a serious note of this issue. As a result of the glaring omission to follow the rule of law and the prima facie errors which is not controverted to by Mr.S.Rupachandra, learned Addl. AG and also on the basis of paragraph No.5 of the affidavit-in-opposition filed by 12th respondent, Mr. C.Arthur Worchuiyo, Director, Trade, Commerce & Industries, Government of Manipur, which we find is prima facie not justified, we are inclined to pass the order of injunction restraining the official respondents from giving effect to the aforesaid 5(five) orders dated 25th May, 2019, 30th July, 2019 and 19th August, 2019 passed by Mr. C.Arthur Worchuiyo, Director, Trade, Commerce & PIL No.5 of 2019 Page 13 Industries, Government of Manipur reflected in para No. 2 of this order.
The persons who are beneficiaries of these orders and their addresses will be submitted by Mr.S.Rupachandra, learned Addl.AG so that they can be impleaded and they will be given an opportunity to be heard.
[10] The 12th respondent, who has granted the provisional quarrying lease, Mr. C.Arthur Worchuiyo, Director, Trade, Commerce & Industries, Government of Manipur shall inform the beneficiaries of the five provisional quarrying leases about this Court's order by an official communication so as to enable them to get impleaded as party respondents in this PIL.
All the authorities including the 12th respondent are directed not to permit any quarrying activity, transporting, etc. by the beneficiaries or their agents on the basis of the aforesaid 5(five) provisional quarrying orders dated 25th May, 2019, 30th July, 2019 and 19th August, 2019 granted by Mr. C.Arthur Worchuiyo, Director, Trade, Commerce & Industries, Government of Manipur until further order of this Court.
[11] We also make it clear that in Annexure-R/1 of the affidavit-
in-opposition dated 04.02.2020, it is stated that some applications are pending. In order to avoid such irregularity, we direct the respondents, particularly, the 12th respondent not to grant any further prospecting lease or license, provisional or regular quarrying lease or license without the leave of this Court. The status of environment impact PIL No.5 of 2019 Page 14 assessment referable to para No.8 above and the order dated 7.8.2019 to be submitted.
[12] A copy of this order to be issued to Mr. S.Rupachandra, learned Addl.AG, to the learned Amicus Curiae and also to the website of the High Court and also to be published in the print and media.
List the matter again on 19.02.2020.
JUDGE CHIEF JUSTICE
FR/NFR
Opendro(rt)
Digitally
WAIKH signed
WAIKHOM
by
OM TONEN
MEITEI
TONEN Date:
2020.02.21
MEITEI 11:31:38
+05'30'
PIL No.5 of 2019 Page 15