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The petitioner, thereafter, continued his business of extracting sand from Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, in terms of the settlement, dated 05.06.2014, until the extraction of sand from Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, was suspended by the Divisional Forest Officer, Cachar Division, Silchar, vide order, dated 12.09.2019, under Letter No. B/7(ii)/8811-12, on the ground Page No.# 4/8 that the State Level Environment Impact Assessment Authority (SEIAA), had granted Environmental Clearance Certificate to the petitioner for extraction of sand from Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, only for a period of 5 years which had since expired.

After the Environmental Clearance Certificate was issued in favour of the petitioner on 22.10.2020, it is the further case of the petitioner that the Divisional Forest Officer, Cachar Division, Silchar, vide Letter No. B/7(ii)/Daloo River Minor Mineral Unit (Sand)/8883-84, dated 09.11.2020, had written to him, indicating the kist money to be deposited on 05.08.2021, 05.11.2021, 05.02.2022, and 05.05.2022, respectively, in respect of 25th kist, 26th kist, 27th kist and 28th kist.

The petitioner further contends that though he had deposited the kist money, in terms of the letter, dated 09.11.2020, referred to above, for extraction of sand from Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar; by the impugned Letter No. B/7(ii)/626-27, dated 29.01.2022, written to the petitioner, the Divisional Forest Officer, Cachar Division, Silchar, had directed Page No.# 5/8 the petitioner to remove the men and machinery at the earliest immediately at the end of the kist period i.e. 05.02.2022, on the ground that there is no provision in the Assam Minor Mineral Concession Rules, 2013, for extension of time for operation of the mining contract area(MCA) beyond the original contract period and also as per Government Order No. FRM.266/2017/121 dated 23.03.2021, no extension of time for operation of mining contract area(MCA) could be considered beyond the contract/permit period on account of restriction imposed due to COVID-19 pandemic.

Assailing the impugned Letter No. B/7(ii)/626-27, dated 29.01.2022, written to the petitioner by the Divisional Forest Officer, Cachar Division, Silchar; the petitioner contends that he should have been allowed to extract the sand from Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, till the month of August, 2022.

The respondent No. 7 i.e. Divisional Forest Officer, Cachar Division, Silchar, has filed a counter affidavit wherein, in paragraphs No. 5, 6 & 7, it has been stated that there is no provision for extension of mining contracts/leases/permits as per the provisions of the Assam Minor Mineral Concession Rules, 2013, under which contract, the Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, was settled with the petitioner.

Since the initial settlement of extraction of sand from the Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, was upto 30.06.2021, and the petitioner, as have been noted hereinabove, failed to submit the Environmental Clearance Certificate on time beyond 20.05.2019 for extraction of sand from the Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, as was required to be submitted in terms of the Sale Page No.# 8/8 Notice, dated 27.08.2013; I am of the considered view that neither any fault can be found with the impugned letter, dated 29.01.2022, issued by the Divisional Forest Officer, Cachar Division, Silchar, nor, any direction can be given to the respondents for allowing the petitioner to extract the sand from the Daloo River mining contract area(Unit 1) of Daloo river bed under Cachar Forest Division, Cachar, beyond 30.06.2021, which is the date upto which the initial settlement was made with the petitioner, on the basis of subsequent correspondences made by the petitioner and the respondent No. 7.