Himachal Pradesh High Court
CWP/3041/2018 on 28 December 2018
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3041 of 2018 Decided on: 28.12.2018 Shyam Kumar …Petitioner Versus State of Himachal Pradesh and others …Respondents
Coram
The Hon’ble Mr. Justice Surya Kant, Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tara Singh Chauhan, Advocate. For the respondents: Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma, Ms. Ritta Goswami, Mr. Adarsh Sharma, Mr. Ashwani K. Sharma & Mr. Nand Lal Thakur,
Additional
Advocate Generals, and Mr. Ram Lal Thakur, Assistant Advocate General, for respondents No. 1 to 7. Mr. Bal Ram Sharma, Senior Panel Counsel, for respondent No. 8. 1 Whether reporters of the local papers may be allowed to see the judgment?
Surya Kant, Chief Justice. (Oral) At the outset, on the prayer made by learned counsel for the petitioner, the description of respondent No. 6 in the memo of parties is ordered to be corrected. The said respondent shall be read as “SubDivisional Officer (Civil), Jhandutta, District Bilaspur, H.P.”. Registry to carry out necessary correction in the cause title.
2. Issue notice of motion to the respondents. Mr. Ashwani K. Sharma, learned Additional Advocate General, and Mr. Bal Ram Sharma, learned Senior Panel Counsel, accept notice on behalf of respondents No. 1 to 7 and respondent No. 8, respectively.
3. Having regard to the nature of order we propose to pass, it is not necessary to seek any counterreply from the respondents.
4. The Director Industries, Government of Himachal Pradesh vide Tender Notice dated 23rd December, 2017 decided to auction the sale of Minor Minerals in District Bilaspur, including at JhareriI situated over
Khasra No. 100, total area measuring 081623 Hectares in the Revenue Estate of Village Jhareri. The Minor Minerals to be extracted were 'Sand, Stone and Bajri'. The tender was opened on 28th January, 2018 and the petitioner being the highest bidder, his bid was accepted. 25% of the bid amount was deposited and Letter of Intent dated 23rd April, 2018 was issued.
5. The petitioner thereafter is said to have applied to obtain the requisite Clearances like demarcation, approval of Mining Plan under Rule 35 of Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 as well as for Environmental Clearance under EIA Notification.
6. Though, it appears that various Authorities have granted requisite NOCs/Clearance Certificates to the petitioner but the fact remains that the issue regarding rights of the local residents under the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, for which necessary recommendations have been made by Sub Divisional Officer (Civil), Jhandutta, on 19th September, 2018, is still pending consideration before the Deputy Commissioner, Bilaspur.
7. Similarly, it appears that the petitioner is required to obtain NOC/Clearance from the Ministry of Environment, Forest and Climate Change, Government of India, namely, respondent No. 8. For the purpose of aforesaid Clearance, the petitioner had applied on 9th June, 2018 through online but the decision on his application is still awaited.
8. Meanwhile, the allegation of the petitioner is that large scale illegal mining is going on in the area auctioned to him, as a result of which both, the State as well as the petitioner, are suffering irreparable loss.
9. Having heard learned counsel for the parties and keeping in view the nature of issues involved in the instant writ petition, we deem it appropriate to dispose of the same with a direction to the Deputy Commissioner, Bilaspur to take a decision with regard to rights of the local residents in terms of the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 within a period of one month. The followup action, if any required to be taken by the State Geologist, shall be taken within one month thereafter.
10. Similarly, it is imperative upon the Ministry of Environment, Forest and Climate Change, Government of India, to take its decision on the pending application dated 9th June, 2018 (Annexure P12). The Additional Principal Chief Conservator of Forests (C), who is stated to be the OfficerinCharge in that Ministry, is consequently directed to take an appropriate decision within a period of two months.
11. Adverting to the petitioner's allegation re: illegal mining, it goes without saying that the Minor Minerals are State's assets and it is duty of the State Agencies to ensure that no illegal extraction is allowed. We, thus, direct the Deputy Commissioner, Superintendent of Police and the
District Mining Officer, Bilaspur to take all necessary steps to ensure that no illegal mining in the area is allowed to take place.
12. The writ petition is disposed of with aforesaid directions. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Surya Kant) Chief Justice
(Ajay Mohan Goel) Judge December 28, 2018 ( rajni )