Kailash Jalan v. The State of Assam and 5 Ors

ORDER

27.03.2024

¶1Heard Mr. B. Baruah, learned counsel for the petitioner, who submits that there is rampant illegal mining being done for extraction of stone from Dilli river Stone Quarry "C (Unsettled)". He submits that the respondent authorities should be directed to follow the Assam Minor Mineral Concession Rules, 2013 and make settlement of the area for mining by issuing a fresh tender.

¶2Mr. D. Gogoi, learned Standing Counsel for the Forest Department submits that the petitioner has got no locus standi to file the writ petition, as no legal right of his has been violated. Accordingly, the same has to be dismissed.

¶3On hearing the learned counsels for the parties, this Court is of the view that no legal right of the petitioner has been violated. If the petitioner desires, Page No.# 3/3 he can always file a PIL against any alleged illegal mining going on under the nose of the private respondents. This Court cannot embark on a roving inquiry just to satisfy the petitioner's apprehension regarding the alleged illegal mining going on. As no legally enforceable right of the petitioner has been violated, this Court does not find any ground to exercise it's discretion in the present case.

¶4The writ petition is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010061172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1708/2024o KAILASHoJALANo S/O-oLATEoJ.LoJALAN,o R/O-oCHLIHANAGAR,oTINSUKIA,o P.OoANDoDIST-oTINSUKIA,oPIN-786125 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o ENVIRONMENToANDoFORESToDEPARTMENTo oDISPUR,oGUWAHATI-06,oDIST-oKAMRUPo(M),oASSAM 2:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFOREST oANDoHEADoOFoFORESToFORCEo(HOFF)o oARANNYAoBHAWAN oPANJABARI oGUWAHATI-37 oDIST-oKAMRUPo(M) oASSAM 3:THEoCHIEFoCONSERVATORoOFoFOREST oEASTERNoASSAMoCIRCLEo oJORHAT oDISTRICT-oJORHAT oPIN-785001 oASSAM 4:THEoDIVISIONALoFORESToOFFICER oSIVASAGARoDIVISIONo(T)o oDISTRICT-oSIVASAGAR oPIN-785640 Page No.# 2/3 ASSAM 5:THE COMMISSIONER DEPARTMENT OF FOREST GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSAM 6:THE RANGE OFFICER SIVASAGAR DIVISION (T) DISTRICT- SIVASAGAR PIN-785640 ASSA Advocate for the Petitioner : MR. B BARUAH Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA