IN RE PRESERVATION OF THOUBAL RIVER CONSERVATION COMMITTEE, THOUBAL v. STATE OF MANIPUR AND 11 ORS
MC(PIL)/9/2019 · 2025-07-30
A Guneshwar Sharma
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2665 (MAN) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2665 (MAN) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF MANIPUR AT IMPHAL
PIL No. 5 of 2019
In re: Preservation of Thoubal River Petitioner Vs. State of Manipur; & Ors. Respondents Clubbed with MC (PIL) No. 58 of 2020 with MC (PIL) No. 9 of 2019
BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
(ORDER)
(K. SOMASHEKAR, C.J.)
31.07.2025
Learned amicus curiae, Mr. A. Mohendro is present before the Court physically and submits that the proceeding in MC (PIL) No. 9 of 2019 has been initiated in respect of submitting a report and the said report has already been submitted in this matter and more so, the report finds place in the record and when once the report has been submitted by the learned amicus curiae in this matter, there is no consequences for continuation of this miscellaneous case proceeding relating to summiting the report. The said report is taken on record and the same shall be considered along with the main PIL proceeding in PIL No. 5 of 2019. Accordingly, MC (PIL) No. 9 of 2019 is hereby disposed of. KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2025.08.05 14:16:45 -07'00'
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Whereas, the proceeding in MC (PIL) No. 58 of 2020 has been initiated by the Commissioner, Textiles, Commerce and Industries, Government of Manipur and in this miscellaneous case proceeding, learned Advocate General, Mr. Lenin Hijam is pressing into service consideration of the reasons stated in the aforesaid application. However, prayer sought for in the aforesaid application reveals as request to grant leave for allowing the Department of Textiles, Commerce and Industries Commissioner, Government of Manipur to issue Prospecting lease/license for quarrying and transportation of minor minerals in the State of Manipur for the ends of justice. But keeping in view the facts and circumstances in this case that stay has been granted vide order dated 02.07.2019 rendered in PIL No. 5 of 2019 that there shall be total ban in respect of unauthorized stone quarrying, sand mining, river pollution etc. in all rivers in the limit of State of Manipur and vide order dated 12.02.2020 in the aforesaid PIL, the respondents were directed not to grant further prospecting lease or license, provisional or regular quarrying lease or license without the leave of this Court.
This status which has been submitted by the learned amicus curiae is taken on record. However, the prayer in the aforesaid application itself is indicating as seeking for vacating of stay was granted and therefore the relief sought for in this miscellaneous case proceeding must be very specific
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and also it must be very positive and clear. Unless there shall be some scope of that, it can’t arise for consideration of this miscellaneous case seeking to grant leave to issue Prospecting Lease/license for quarrying and transportation of minor minerals. Therefore, the learned Advocate General, Manipur in this mater be directed to submit the complete detail of persons who is intending to seek to permission for quarrying operation. The complete details shall be submitted in the form of affidavit and copy of the same shall be furnished to the learned amicus curiae. Accordingly made an observation. In the meanwhile, learned Advocate General, Manipur, submits that despite the application is pending for consideration, he is intending to file a necessary application for seeking amendment. This submission which is made by the learned Advocate General, Manipur is also taken on record and more so, the learned Advocate General is permitted to proceed in accordance with law. Consequently, Registry is directed to list PIL No. 5 of 2019 and MC (PIL) NO. 58 of 2020 on 26.08.2025. JUDGE
CHIEF JUSTICE Sandeep