Page No.# 1/7 GAHC010157152022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/29/2022 1.SMT. SABITRI SINGHA AND 33 ORS DAUGHTER OF LATE HEMKANTA SINGHA RESIDENT OF JOYPUR PART- II P.O.- JOYPUR RAJABAZAR DISTRICT- CACHAR ASSAM PIN- 788107. 2: SMT. SUNITA PAUL WIFE OF SRI BALADEB PAUL RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 3: SMT. ARUNJYOTI BARMAN WIFE OF UTTAM BARMAN RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 4: SMT. BHABITA BARMAN WIFE OF DIPAN BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 5: SMT. KABERI BARMAN WIFE OF LATE PRAKASH BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 6: SMT. LABANI BARMAN WIFE OF MIRENDRA BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 Page No.# 2/7 7: SMT. SUKHI BARMAN DAUGHTER OF LATE NIRMA JOY BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR RAJABAZAR DISTRICT- CACHAR ASSAM PIN- 788107 8: SMT. SUMA PAUL WIFE OF DEBENDRA CHANDRA PAUL RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 9: SRI MUJIBUR RAHMAN SON OF LATE HURU MIA RESIDENT OF VILLAGE- KANAKPUR PART- I LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 10: SMT. LAKHITOMBI DEVI WIFE OF NORENDRA SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 11: SMT. MANDAKINI DEVI WIFE OF BIRENDRA SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 12: SMT. YAMUNA PAL WIFE OF LATE MANORANJAN PAL RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 13: SRI RAMIJ UDDIN BARBHUIYA SON OF LATE MAJAR ALI BARBHUIYA RESIDENT OF VILLAGE- JOYPUR PART- V LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 14: SMT. JYOTSNA BARMAN WIFE OF JAHAR MANI BARMAN RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 Page No.# 3/7 15: SMT. RINA RANI DAS WIFE OF JITEN DAS RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 16: SMT. MRINALINI BARMAN WIFE OF BIMAL BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 17: SMT. LAKHIMONI DEVI WIFE OF LATE KULO SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 18: SRI AJIR MIA LASKAR SON OF LATE MOINA MIA LASKAR RESIDENT OF VILLAGE- CHIRIRPAR KACHARI PUNJI LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 19: SRI ASHOK GOALA SON OF LATE MITHAI LAL GOALA RESIDENT OF VILLAGE- JOYPUR PART- IV LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 20: SRI DILAIT BARMAN SON OF BASANTI BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 21: SMT. SUKUMARI DAS WIFE OF SUDHANYA DAS RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 22: SMT. SAMSUR NAHAR BIBI WIFE OF LATE TAMIJUR RAHMAN RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. Page No.# 4/7 23: SRI KUNJESWAR SINGHA SON OF LATE KULO SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 24: SMT. SMRITI RANI BARMAN WIFE OF LATE AMULYA BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 25: SMT. RIJUMONI MAIBANGSA WIFE OF AMAL BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 26: SMT. DIPALI BARMAN WIFE OF LATE SANESH CHANDRA BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 27: SRI BIDYA CHANDRA SINGHA SON OF LATE NILMONI SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 28: SMT. IBEMPISHAK DEVI WIFE OF RAJESH SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 29: SMT. SUNIYA BARMAN WIFE OF BISWAJYOTI BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 30: SMT. KRISHNA BARMAN WIFE OF HIRALAL BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107 Page No.# 5/7 31: SRI AMAL KUMAR BARMAN SON OF LATE NIRAD BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 32: SRI SINDHU BARMAN SON OF LATE MANOMOHAN BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 33: SMT. JYOTSHNA BARMAN WIFE OF ADHIR BARMAN RESIDENT OF VILLAGE- JOYPUR PART- III LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. 34: SRI ASHWINI KUMAR SINGHA SON OF KULO MONI SINGHA RESIDENT OF VILLAGE- JOYPUR PART- II LAKHIPUR CACHAR P.O.- JOYPUR DISTRICT- CACHAR ASSAM PIN- 788107. VERSUS 1.THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM IN ENVIRONMENT AND FOREST DEPARTMENT H BLOCK 2ND FLOOR ASSAM SECRETARIAT, DISPUR GUWAHATI- 781006. 2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA IN MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI- 110003. 3:THE STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA) REPRESENTED BY ITS MEMBER SECRETARY BAMUNIMAIDAM GUWAHATI- 781021. 4:THE DEPUTY COMMISSIONER CACHAR CUM CHAIRPERSON DISTRICT LEVEL ENVIRONMENT IMPACT AUTHORITY CACHAR SILCHAR DISTRICT- CACHAR ASSAM PIN- 788001. 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037. Page No.# 6/7 6:THE CONSERVATOR OF FORESTS, SOUTHERN ASSAM CIRCLE, SILCHAR CACHAR (ASSAM) PIN- 788001. 7:THE DIVISIONAL FOREST OFFICER CACHAR DIVISION SILCHAR, CACHAR (ASSAM) PIN- 788001 8:THE SUB-DIVISIONAL OFFICER (CIVIL) LAKHIPUR LAKHIPUR CACHAR (ASSAM) PIN- 788103 9:THE RANGE FOREST OFFICER JIRIGHAT RANGELAKHIPUR LAKHIPUR CACHAR (ASSAM) PIN- 788103 10:SRI JOYDEEP GOALA S/O- LATE DINESH PRASAD GOALA R/O- VILLAGE- PAILAPOOL P.O.- LAKHIPUR DIST.- CACHAR (ASSAM) PIN- 788098 11:SRI NOBODA BARMAN OWNER OF SIBARAI INDUCTRY (SIC.) VILLAGE- KANAKPUR PART- II P.O.- JOYPUR RAZABAZAR DIST.- CACHAR (ASSAM) PIN- 788107. PERMANENT ADDRESS- VILLAGE- PAILAPOOL NEHRU COLLEGE ROAD P.O.- PAILAPOOL DIST.- CACHAR (ASSAM) PIN- 788107. For the Petitioner(s) : Mr. O. Laskar, Advocate. : Mr. U.N. Chattry, Advocate. For the Respondent(s) : Mr. D. Gogoi, Standing Counsel, Forest Department. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM 05.02.2025 (Vijay Bishnoi, CJ) This petition in the design of Public Interest Litigation (PIL) is filed on behalf of the petitioners essentially raising a grievance that the respondent No.10, in whose favour a minor mineral lease was awarded, is plying truck and other vehicles through the stream of Chiri river for carrying stones, sand, gravel etc. causing great damage to the nature of the Chiri river. The petitioners have also raised a grievance against the Page No.# 7/7 stone crusher unit owned by respondent No.11 that it is letting out the untreated effluents from the stone crusher plant to the Chiri river. It is noticed that the lease period for which the lease was granted to the respondent No.10 is already over and the respondent State, in its affidavit-in- opposition, has made a categorical statement that at present no mineral lease is in operation in the Chiri river mineral concession area. So far as the allegation against the respondent No.11 is concerned, we have taken into consideration the material available on record and found that no concrete evidence regarding the said allegation is supplied by the petitioners. A rejoinder is filed on behalf of the petitioners wherein it is alleged that still the illegal mining is going on in the Chiri river area. Some photographs have also been annexed in support of the said allegations. Be that as it may, from the said photographs it is difficult to ascertain that illegal mining operations are being carried out in the Chiri river area. However, even if the petitioners are witnessing some illegal mining activities in the Chiri river area, they are free to move appropriate representation before the concerned authorities along with substantial proof and evidence and in case any such representation is filed, it is expected that the concerned authorities shall consider the said representation objectively and take effective measures for stopping the illegal mining activities in the Chiri river area. With these observations, this PIL petition is disposed of. Consequently, pending Interlocutory Applications are also disposed of. JUDGE CHIEF JUSTICE Comparing Assistant