Page No.# 1/4 GAHC010179582021 2025:GAU-AS:4211-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/70/2021 ARUN NARZARY S/O HARICHARAN NARJARI, VILL. BAHADUR ADARSHA GAON, P.O .MAJBAT, P.S MAJBAT, DIST. UDALGURI, ASSAM. VERSUS 1: THE BODOLAND TERRITORIAL COUNCIL AND 4 ORS REPRESENTED BY THE PRINCIPAL SECY. TO THE BODOLAND TERRITORIAL COUNCIL,BAKSA, (BTAD) ASSAM. 2:PRINCIPAL SECY. TO THE BODOLAND TERRITORIAL COUNCIL BAKSA (BTAD) ASSAM 3:THE DIVISIONAL FOREST OFFICER DHANSIRI FOREST DIVISION UDALGURI 784509 ASSAM. 4:THE DEPUTY COMMISSIONER UDALGURI BTAD ASSAM. 5:KRISHNA NARZARY S/O LATE TOREN NARZARY VILL. DAKHIN NAOHERUA P.O. PATHAKPUR DIST. UDALGURI BTAD (ASSAM) PIN 78450 For the Petitioner(s) : Mr. D. Gogoi, Advocate. For the Respondent(s) : Mrs. R.B. Bora, Standing Counsel, Bodoland Territorial Council (BTC) for respondent Nos.1 & 2. : Mr. I. Borthakur, Standing Counsel, Forest Department for respondent No.3. : Mr. N. Das, Junior Government Advocate, Assam for respondent No.4. : Mr. M. Kalita, Advocate for respondent No.5. Page No.# 2/4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 07.04.2025 (Vijay Bishnoi, CJ) This PIL petition is filed by the petitioner in relation to a settlement for sand and gravel mining in favour of the respondent No.5. The settlement order was issued in favour of the respondent No.5 granting a mining contract under Dhansiri Forest Division, Udalguri, allowing to excavate the mineral concession from Rowta Sand & Gravel Mahal. It is contended in the PIL petition that as per the conditions of the mining lease, the respondent No.5 was allowed to excavate the minerals for a period of 5(five) years from the date of settlement and he was allowed to excavate upto a certain depth and was also restrained from extraction of minerals outside the mining lease area. During the course of the hearing, the scope of the PIL was extended and the State Government was directed to frame comprehensive guidelines to check the illegal mining in the State of Assam. In response to it, on 10.02.2025, it was stated by the learned Standing Counsel, Forest Department that comprehensive guidelines have already been framed and they were already in place. It is also submitted by the learned Standing Counsel, Forest Department that for the purpose of restraining the illegal mining in Assam, the Government of Assam has already drafted a new minor mineral rules titled as the Assam Minor Mineral Concession Rules, 2024 and the same will be implemented soon. This Court took notice of an inspection report prepared by the Additional Principal Chief Conservator of Forests (Administration & Vigilance) in the Office of the Principal Chief Conservator of Forests and Head of the Forests Page No.# 3/4 Force, Assam, wherein it is mentioned that allegations levelled against the respondent No.5 are found to be true and he had violated the conditions of the mining lease. Taking note of the above fact, this Court raised a pertinent query to the learned Standing Counsel, Forest Department that what action has been taken against the contractor though the contract period had already been over. At that stage, the learned Standing Counsel, Forest Department prays for some time to apprise this Court whether there is any provision for taking action against the respondent No.5, who had flouted the conditions of the lease and had illegally extracted the mining minerals out of the scope of the contract. Today, Mr. I. Borthakur, learned Standing Counsel, Forest Department has submitted that as per Rule 56 of the Assam Minor Mineral Concession Rules, 2013, action can be taken against a contractor, who has violated the conditions of the lease. As noticed earlier, the contract period is already over. However, as per Rule 56(2)(iv) of the Assam Minor Mineral Concession Rules, 2013, an individual firm or company can be debarred for a period of 5(five) years for grant of fresh mineral concessions in the State, in case there is any breach of the terms and conditions of the mining lease. Learned counsel for the Forest Department has submitted that it is upon the Bodoland Territorial Council (BTC) to take action against the respondent No.5 since it is proved that the terms and conditions of the mining lease had been violated by him. Mrs. R.B. Bora, learned Standing Counsel, BTC has assured this Court that in view of the fact that a case of breach of the terms and conditions of the mining lease is made out against the respondent No.5 in the inspection report, the BTC will take action against the respondent No.5 in accordance with law. Taking into consideration the overall facts and circumstances of the Page No.# 4/4 case, we are of the view that no further order is required to be passed in this writ petition. However, we hope that the State Government shall implement the guidelines framed by it, as pointed out by the learned Standing Counsel, Forest Department before this Court on 13.05.2024 and 10.02.2025, in full letter and spirit, to check the menace of illegal mining in the State of Assam. We also hope that the Assam Minor Mineral Concession Rules, 2024 be soon implemented in the State of Assam. The BTC is expected to take action against the respondent No.5, in accordance with law, within a period of 6(six) weeks from today. With these observations, this PIL petition is closed. JUDGE CHIEF JUSTICE Comparing Assistant